TERMS AND CONDITIONS
TERMS AND CONDITIONS
Date of Last Modification: January 2024
By accessing or using any part of our Websites, Services, and Products, you acknowledge and agree that you have read and understood these Terms and Conditions and our Privacy Policy (collectively, the “Agreement”), and you agree to be bound by the Agreement in full. If you do not agree to the Agreement, please do not access, use, or download materials from the Websites, Services, and Products, and you should leave the Websites, Service, and Products immediately. Unless otherwise indicated, the Agreement applies equally to all visitors, Registered Users, Students, Members, Subscribers, and others who access or use the Websites, Services, and Products (referred to herein collectively as “users” or “you”). Unless otherwise defined, capitalized terms used herein have the same meaning as set forth in the Privacy Policy.
Motherella DBA Eden Lodestone (“we,” “our,” or “us”) owns and operates the website located at https://www.motherella.com and https://www.edenlodestone.com together with any mobile version (collectively, the “Websites”) together with the various products and services offered through the Websites, including the Tribe of Eden, Eden Healing House, Eden Agency Publishing, and any other Services, Products, Memberships, and Subscriptions within (collectively, the “Service(s)”). The Services are provided for informational and entertainment purposes only. You are solely and entirely in control of your own life and your own ability to transform your life, and we do not promise or guarantee any results or outcomes arising from your participation in or your access or use of any part of the Services.
We reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Services. YOU AGREE THAT MOTHERELLA AND EDEN LODESTONE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICES). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms and Conditions at any time. Please review the Terms each time you visit the Services. If you object to any amendments, please stop using the Services, otherwise your continued use will be taken as your consent to such amendments.
THE SECTIONS BELOW, TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER,” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. IN ADDITION, YOU WAIVE YOUR RIGHT TO SEEK AND/OR BRING FORTH ANY LEGAL ACTION WHATSOEVER OF ANY KIND INCLUDING LIABILITY AND/OR MONETARY COMPENSATION BY PURCHASING AND/OR USING ANY SERVICES AND PRODUCTS (see Collectively “Services” above) FROM MOTHERELLA AND EDEN LODESTONE.
1.0 YOUR USE OF OUR SERVICE
1.1 License.
These Terms govern your access to or use of our Services. Subject to your compliance with these Terms and any additional terms that may apply to specific Services or Products, MOTHERELLA AND EDEN LODESTONE grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your personal, non-commercial use. For greater certainty, MOTHERELLA AND EDEN LODESTONE does not grant you or any other party any right, title, or interest in the Services. We reserve all rights not expressly granted to you under these Terms.
1.2 Types of Users and Access
There are various types of users of the Services.
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Visitors may have limits on their access to the Services and the type of content they can view and interact with.
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Registered Users have provided certain personal information and have registered an account that allows them to purchase through the store at https://motherella.com/shop and https://edenlodestone.com/shop.
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Student(s) have provided certain personal and financial information and purchased a Membership, Subscription, or Student to Motherella and Eden Lodestone, which grants them access to live courses, all content, materials, and other information, and materials. Registering as a Member, Subscriber, or Student includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the groups and private members section of the Services. If you would like to access any content related to Motherella and Eden Lodestone, along with another person or collaborator, you will need to purchase Memberships, Subscriptions, Services, Courses, and Products individually.
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Member(s) have provided certain personal and financial information and have purchased a Membership or Subscription to Motherella and Eden Lodestone, which grants them unlimited access to all the intellectual and copyright content, VIP Groups. Registering as a Member includes access for (1) person. Upon registration, you will receive one username, password, and Member profile for use. If you would like to access Motherella and Eden Lodestone along with another person or collaborator, you each need to individually become a Member, Subscriber, or Student to Motherella and/or Eden Lodestone.
1.3 Authorization.
All users hereby warrant and represent that:
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You are at least 18 years of age or the legal age of majority in your jurisdiction of residence;
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Any information you provide to us, including any personal or financial information provided as part of the creation of an account, shall be accurate, current, and complete.
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You shall not falsify your identity, impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of any service-specific accounts;
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You shall not use the Services for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;
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You have the authority to enter into these Terms; and
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You will comply with all Applicable Laws when using the Services, and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal, or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives, or orders of any government, court, administrative or regulatory agency, commission, body, board, or other government authority.
1.4 Restrictions.
By accessing or using the Services or any portion thereof, you agree that except as expressly permitted under these Terms, you shall not and shall not permit others to:
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modify, copy, reproduce, republish, upload, post, transmit, rent, lease, lend, loan, translate, sell, distribute, redistribute, sublicense, exploit, or create derivative works of the Services or any portion thereof in any manner or medium, or make the Services available, including over a network where multiple devices could use it at the same time. However, you may be permitted to download and/or print one (1) copy of individual pages from the various Services for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
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copy, collect, store, scrape, frame, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Websites or the Services, any updates, or any portion thereof, including mirroring or framing any portion of the Services;
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modify, adapt, gain unauthorized access to, or otherwise “hack” the Services or modify any Websites so as to falsely imply that it is associated with Motherella and Eden Lodestone or the Services;
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upload or otherwise transmit files that contain a virus or corrupted data;
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engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Motherella and Eden Lodestone in its sole and absolute discretion, may harm users of the Services or us or expose them or us to liability;
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use any robot, spider, or other automatic device, process, or means to access the Services;
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upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
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take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
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remove any copyright, trademark, or other proprietary notices from any portion of the Services or
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cause nuisance, annoyance, inconvenience, or property damage while using the Services.
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use the Services to violate the legal rights (including the rights of publicity, privacy, copyright, patent, trademark, trade secret, or other intellectual property rights) of Motherella and Eden Lodestone, any third party, or any other user or to violate the laws of any jurisdiction;
In the event of your breach or suspected breach of any of the terms set out in these Terms, we may at any time suspend or revoke your right to use the Services, at our sole and absolute discretion, without notice to you. Further, we will be entitled to, among other things, seek injunctive relief to prohibit such violations.
2.0 VOID WHERE PROHIBITED BY LAW
2.1 You may not access or use the Services if you are located in a jurisdiction where it is forbidden by law to do so. By using these Services, you are explicitly agreeing that you have verified that your use of these Services is permitted under Applicable Law.
3.0 CREATION AND MAINTENANCE OF ACCOUNTS
3.1. In order to become a Registered User of Motherella and Eden Lodestone, you must create and maintain an active personal user account. You must be at least 18 years of age or the age of the legal majority in your jurisdiction to create an account.
3.2. You must submit certain personal information to create an account, such as your first and last name, street address, email address, and phone number. You must also input your payment information (e.g., credit card details or PayPal account information) to use the Services. Please see our Privacy Policy for further details on how your financial information is collected, used, and disclosed.
3.3. You must always keep your account information up to date and accurate. You are responsible for all activity that occurs under your account. You agree always to maintain the secrecy and security of your account information. We recommend that you select a secure password different from the one you use for other websites. You may possess only one account for each type of Service, and you may not allow others to use your account(s). You will promptly notify us if you become aware of any unauthorized access or use of your account.
4.0 INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the Services, including all underlying technology and intellectual property rights embodied therein, contain proprietary Content (as defined below) that is solely and exclusively owned by Motherella and Eden Lodestone and/or its licensors and no license or any other right is granted to any such underlying technology or intellectual property.
4.2 All materials, including any text, live course content, audio, video, images, illustrations, designs, icons, photographs, information, data, software, programs, and other materials that are part of the Website or accessible via the Services (collectively, the “Content”) is owned, controlled, or licensed by Motherella and Eden Lodestone or its licensors and is protected by United States and international copyright, trademark, and other applicable intellectual property laws. The Content is provided on an as-is and as-available basis for informational purposes only and is subject to change without notice.
4.3 You agree that you shall not use the Content in any way that would violate these Terms. The use of the Content, except as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of Motherella and Eden Lodestone, and others and may subject you to civil and criminal penalties, including possible monetary damages for copyright and other infringement. Duplicating, sharing, or uploading content files to shared sites is considered stealing, and Motherella and Eden Lodestone will prosecute such misconduct to the fullest extent permitted by law. To be clear, please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Motherella and Eden Lodestone (a.k.a. Motherella and Walker and/or Michelle Piper and Luke Baxley) Tribe of Eden, Eden Healing House, Eden Agency Publishing, or any other content within the Websites, the Content, or infringe on any of our intellectual property in any way. Any material you create should focus on your business, not ours.
4.4 If you provide feedback or suggestions regarding or relating to the Services (collectively, “Feedback”), we are free to exploit such Feedback without obligation or compensation to you, and such Feedback will not be held in confidence.
4.5 Motherella and Eden Lodestone and any logos and designs within any and all the intellectual content are trademarks, service marks, or trade dress (collectively the “Avatar Armory and Eden Lodestone Marks”) are common law trademarks or registered trademarks of Motherella and Eden Lodestone. They may not be used in connection with any product or service that is not offered by us or in any manner that is likely to cause confusion amongst consumers. You are granted no right or license with respect to any of Motherella and Eden Lodestone Marks. All other trademarks and service marks that appear on the Websites or via the Services that are not the Motherella and Eden Lodestone Marks and that are not owned by Motherella and Eden Lodestone are the property of their respective owners (the “Third-Party Marks”). All such Third-Party Marks are used under license from their respective owners.
4.6 Nothing in this Agreement grants you any right, title, or interest in any intellectual property of Motherella and Eden Lodestone or its licensors, including without limitation the Motherella and Eden Lodestone Marks or the Third-Party Marks and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to these Websites or the Services does not confer and shall not be considered as conferring upon anyone any license under any of Motherella and Eden Lodestone or any third party’s intellectual property rights. Motherella and Eden Lodestone reserve all rights not expressly granted herein.
5.0 PRIVACY AND CONFIDENTIALITY
5.1 Privacy. The Services are subject to Motherella and Eden Lodestone’s Privacy Policy. Motherella and Eden Lodestone do not knowingly collect personal information from children under the age of 13 and do not wish to do so. Motherella and Eden Lodestone reserve the right to request proof of age so that it can verify that minors under the age of 13 are not using the Websites, Services, and Products. We respect your privacy and must insist that you respect the privacy of other people who participate in the various Services (“Program Participants”).
5.2 Confidentiality. While participating in the Services, you may have access to certain information that is confidential and proprietary to Motherella and Eden Lodestone. As used in these Terms, “Confidential Information” includes any data or information disclosed, provided by, or made available by Motherella and Eden Lodestone to you, either directly or indirectly, in writing or orally. You agree not to use or disclose any Confidential Information except as expressly permitted by these Terms. You may only disclose confidential information if required by Applicable Law, so long as you first notify Motherella and Eden Lodestone of any such requirement and provide Motherella and Eden Lodestone with sufficient time and opportunity to take protective action. You acknowledge that a breach of this section could cause irreparable harm to Motherella and Eden Lodestone and, therefore, in addition to any other remedies that may be available to Motherella and Eden Lodestone, Motherella, and Eden Lodestone shall also have the right to seek immediate injunctive relief.
6.0 THIRD-PARTY MATERIALS AND WEBSITES
Motherella and Eden Lodestone may provide links to third-party materials and websites as a convenience to you. Motherella and Eden Lodestone do not own or control these third-party sites, and you access and use these websites or online services solely at your own risk. These third-party materials and websites are not part of the Services. They may be either withdrawn or terminated at any time without any liability on the part of Motherella and Eden Lodestone. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Motherella and Eden Lodestone are not responsible for examining and evaluating the content and accuracy of any third-party materials and websites. Motherella and Eden Lodestone do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Motherella and Eden Lodestone will not be liable for your improper use of third-party materials and websites. We encourage you to be aware when you leave the Services and to read the terms and conditions of use for each other website or online services that you visit.
If you would like to link to our Websites or any pages related to any of our Services, you must first obtain our express written permission by emailing motherella@motherella.com or team@edenlodestone.com
7.0 PAYMENT AND REFUND POLICY
We reserve the right to reject a Membership and/or Subscription request for any Services at any time and for any reason.
7.1 Payment Terms applicable to all Services.
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We are not responsible for any fees charged to you by your financial institution for an invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, and cross-border fees (collectively, the “Invalid Payment Fees”). In the event we are subject to any invalid payment fees due to your payment method not processing, we may, at our sole and absolute discretion and, in accordance with the law, charge you a fee.
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You agree that you will not attempt to circumvent any refund prohibitions with regard to transactions you entered on the Services. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to enter a transaction on the Service. Should you do so, your Membership and/or Subscription or access to other Services may be canceled. Motherella and Eden Lodestone may, in its sole discretion, refuse to honor pending and future transactions made from all credit card accounts or online accounts on which such chargebacks have been made and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
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7.2 Payment Terms for purchases made through the Shop.
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You may purchase a product through the Shop by creating an account. We reserve the right to limit quantities available for sale or sold. To the extent permitted by law, we reserve the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever.
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The total price of your order will be charged to your credit card at the time of purchase. Orders cannot be canceled.
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All sales of physical and digital products or services are final and non-refundable as stated clearly in our Services, booking policy information, product description, and Websites.
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Any digital downloads will be sent to you immediately upon purchase and are non-refundable. The download is a .zip file. We recommend downloading this file on your computer first and transferring it to other devices, as some mobile devices and tablets will not download this file type. Please note that there is a limit on the number of digital downloads that can be retained in your account, so we recommend that you download the file to your personal device.
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7.3 For virtual events and digital courses. From time to time, we may offer virtual events or digital courses. No refunds are the policies for all digital courses and virtual events. You are responsible for reviewing the policies of each course, event, or program at the time of purchase, and your purchase is an agreement to be bound to the policies.
7.4 Payment Terms for Subscriptions, Memberships, Services, and Products.
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Payment Policy.
i. You are responsible for paying for the applicable Services in full (including all applicable sales and other taxes or fees) at the time of registration. You must provide us with a valid credit card or other payment method at the time of registration, or you may pay by Stripe or PayPal.
ii. If you do not cancel your Service before your anniversary date, your Service will automatically renew on the same terms as the initial Service. Then, the current Service fees will automatically be deducted from your payment method.
iii. at our discretion, we may offer users the option to pay by payment plan. For the avoidance of doubt, Motherella and Eden Lodestone are not a “pay in part” program where you can pay only for access to specific modules and not others. This is an entire immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable. If you have selected a payment plan and miss a payment, your account status will change to “delinquent.” You will immediately lose access to future Services, and your access to the Service and all Content will be revoked three (3) days after your payment declines. You will also not receive access to future versions of the Service as it’s released until all payments are made in full.
iv. If your account remains in delinquent status for longer than sixty (60) days, Motherella and Eden Lodestone reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to Motherella and Eden Lodestone’s sole discretion until the account is caught up and in good standing.
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Refund Policy. There are NO REFUNDS on any Memberships, Subscriptions, Services, Products, Events, Courses, etc. If a refund were to be made, that would be at the complete and total discretion of Motherella and Eden Lodestone.
7.5 PROMOTIONAL CODES.
From time to time, we may issue discounts, trials, or promotional codes (collectively, “Promotions”) that can be applied toward payment of specific Service fees. Promotions are only valid for use on the Services and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined. If the cost of your Services exceeds the applicable discounted value, we will charge your payment method on file for the outstanding cost of the Services. Additional restrictions on promotions may apply, and these will be communicated to you at the time of the offer. We reserve the right to revoke, terminate, modify, cancel, or deem a promotion inapplicable to you at any time. Some promotions may be subject to limited redemptions and may be redeemed on an as-available, first-come-first-serve basis.
8.0 Additional Terms Applicable to Motherella and Eden Lodestone.
8.1 THE VIP GROUPS
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You will be provided with the details on how to access the “VIP Groups” upon registration. The VIP Groups are strictly for paid Members, Subscribers, and Students who are in good standing. Motherella and Eden Lodestone are the moderators of the group and reserve the right to grant or remove access for any Member at any time.
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8.2 By joining as a Motherella and Eden Lodestone Member, Subscriber, and Student, you agree to abide by these Terms and the requirements as outlined in this section. If you join the VIP Groups, you also agree to abide by any policies or terms set by those groups. Failure to comply with any of the Terms may result in the suspension or termination of your membership and subscription, or your removal from any or all of the Membership Sites (as defined below), without notice to you and without refund of any fees paid. In our sole and absolute discretion, we reserve the right to deny you access to the Membership, Subscription, VIP Groups, or any portion of the Membership, Subscription, and Group Sites without notice and to remove any content that does not adhere to these Community Guidelines.
8.3 The “Membership Sites/VIP Group” consists collectively of the Motherella and Eden Lodestone Websites. The Membership/VIP Group Sites are places for you to discuss and share only the intellectual content created by Motherella and Eden Lodestone. That means you will not discuss the intellectual property of other authors/teachers/creators, etc.
8.4 The Membership/VIP Group Sites are pitch-free, spam-free, and solicitation-free zones. You are encouraged to share your experience and participate. However, you are not permitted to offer, sell, promote, or advertise your or other third-party services, programs, or products, and you may not invite Members, Subscribers, Students, or VIP Groups to join, including other social networks, groups, or programs. Sharing affiliate links or conducting any solicitation within the Membership/VIP Group Sites is strictly prohibited.
8.5 Any violations against our Member, Subscriber, VIP Group Rules, Regulations, and/or Policies as clearly stated within the Websites and Services, as determined by Motherella and Eden Lodestone in its sole and absolute discretion, will be removed. Without limiting the generality of the foregoing, Motherella and Eden Lodestone reserves the right, at any time, to remove any and all posts, images, or videos it, in its sole discretion, determines are or could be considered
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Incendiary, confrontational, bullying;
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Racist, bigoted, or hate speech;
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Religion, politics, or any “hot-button” issues that may lead to division and are off-topic;
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threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material ;
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confidential or personal information, including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses;
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fraudulent, deceptive, false, misleading, unlawful or infringing;
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memes, stickers, or gifs;
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personal photos or videos;
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selling, promoting, or making available any third-party products, services, or websites;
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spamming group members with emails or direct messages;
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infringing on anyone’s rights of privacy, publicity, or intellectual property;
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to have an adverse effect on Motherella and Eden Lodestone’s business, reputation, or ability to provide the Services;
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to interfere with, impair, or disrupt the ability of others to use their membership, subscriptions, or VIP Group access; or
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any material that could constitute or encourage conduct considered a criminal offense gives rise to civil liability or otherwise violates the law.
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8.6 You must be professional and courteous at all times. This means no curse words, inappropriate comments, or language. Please do not make any oral or written statements that are reasonably likely to disparage anyone, including Motherella and Eden Lodestone, within the Membership/VIP Groups Sites or otherwise degrade our reputation.
8.7 Be kind. When you comment or respond to a fellow member’s comment, please use it as an opportunity to practice compassion and respond with empathy. If you disagree, it’s ok not to respond at all.
9.0 TERMINATION. Motherella and Eden Lodestone hope all users will have a positive experience using the Service. If Motherella and Eden Lodestone determines or reasonably suspects that you have failed to abide by these Terms or the Agreement, Motherella and Eden Lodestone may, at its sole discretion, at any time and without notice to you, suspend or terminate your account and/or your right to use the Service. Upon termination of your Account, Membership, or Subscription, you shall no longer have the right to access or use the Services, and you shall not be entitled to a refund or a forgiveness of monthly payments. A suspension will be for such a period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.
10. DISCLAIMER
Motherella and Eden Lodestone, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers, including authors, and any successors or assigns and other representatives, together with any operators of third-party websites, including social media (collectively the “Motherella and Eden Lodestone Parties”) are not responsible for any errors, inaccuracies, or omissions in the Services. THE SERVICES, THE CONTENT, THE MEMBERSHIP SITES AND ANY OTHER MATERIALS PROVIDED BY US OR PROVIDED ON THROUGH THE SERVICES ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTHERELLA AND EDEN LODESTONE AND PARTIES EXPRESSLY DISCLAIM. YOU WAIVE ANY AND ALL CONDITIONS, GUARANTEES, REPRESENTATIONS, AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK.
Under no circumstances will the Motherella and Eden Lodestone Parties be liable for any damage, loss, injury, obligation, claim, cost, fine, penalty, charge, contribution or fee of any kind resulting in any way from (a) your use of the material or information provided on or through the Services; (b) any errors in, or omissions from, the information found on or through the Services; or (c) your use of or reliance on the materials or information found on or through the Services or any conclusions you draw from it.
By purchasing access to Motherella and Eden Lodestone, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, conditions, warranties, or guarantees, express or implied, verbally or in writing, regarding your ability to transform your life into something greater than its current status, or results or outcomes of any kind. You alone are responsible for your actions and results in life and business, which are dependent on personal factors including, but not necessarily limited to, knowledge, ability, dedication, commitment, and mental stability, to name just a few. You also understand that we have not scientifically evaluated any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings. The results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content, and offerings are our opinions and, thus, are not guarantees or promises of transformation and a better life.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL MOTHERELLA AND EDEN LODESTONE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES, THE MEMBERSHIP SITES, OR THE CONTENT, UNDER THIS AGREEMENT OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE MOTHERELLA AND EDEN LODESTONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
MOTHERELLA AND EDEN LODESTONE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, ARISING OUT OF OR RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM MOTHERELLA AND EDENLODESTONE’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE MOTHERELLA AND EDEN LODESTONE PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CBR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE MOTHERELLA AND EDEN LODESTONE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES RESULTING FROM THE BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE MOTHERELLA AND EDEN LODESTONE PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THIS TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOTHERELLA AND EDEN LODESTONE FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.
Any claims relating to the use of the Services must be bought within six months from the date the cause of action arose. Claims brought after such a period are VOID. The Service is controlled and offered by Motherella and Eden Lodestone from its Websites based in the United States. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
12. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MOTHERELLA AND EDEN LODESTONE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE MOTHERELLA AND EDEN LODESTONE PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST MOTHERELLA AND EDEN LODESTONE PARTIES IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OR OF THE AGREEMENT; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; (6) ANY ACTIVITY ON OR THROUGH YOUR ACCOUNT; OR (7) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR YOUR EMAIL ADDRESS.
IF THE MOTHERELLA AND EDEN LODESTONE PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE MOTHERELLA AND EDEN LODESTONE PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO MOTHERELLA AND EDEN LODESTONE.