Terms of Use - Sara K Daigle

TERMS OF USE

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR RIGHT TO USE THE WEBSITE IS SUBJECT TO YOU ACCEPTING THE TERMS OF THE WEBSITE, AND BY USING THE WEBSITE YOU AGREE TO ACCEPT THE TERMS OF THE WEBSITE. IF YOU DO NOT ACCEPT THE TERMS OF THE WEBSITE, YOU MAY NOT USE THE WEBSITE.

These Terms of Use (this “Agreement“) apply to www.sarakdaigle.com (the “Site“) provided by PROFIT AND CLARITY LLC, a/an DELAWARE (“Company,” “we,” “us,” or “our“). In this Agreement you are referred to as “you” and “your.”

PLEASE NOTE: The Site is intended for use by individuals who are at least 18 years of age and capable of entering into binding legal agreements. If you are under the age of 18 but over the age of 13, you may use this Site only with the permission of a parent or guardian. This Site is controlled, operated, and administered by us from our offices within the U.S. If you access the Site from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use any content on this Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Please read carefully below before using the Site.

Privacy Notice and Confidentiality Policy

Note also that our use of your personal information is governed at all times by the Company Privacy Policy, which is available at https://www.sarakdaigle.com/privacy-policy/.

Modification to Agreement

Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by law, and except as otherwise expressly provided at the time of such amendment, such amendments are effective when posted. Your continued use of the Site following the posting of any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this Agreement or any amendment, you may not use the Site.

Using the Site

Subject to compliance with the Agreement, including, but not limited to, applicable age and residency restrictions, you are granted a limited, non-transferable, non-sublicensable, and revocable license to use the Site for the Site’s intended purpose. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates or any part thereof except as applicable law may require notwithstanding this prohibition. You may print copies of the Site content and documentation as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others. Uses of the Site not expressly authorized herein are prohibited. All rights not expressly granted are hereby reserved.

Subject to applicable law, we reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of, or discontinue any offering of, any product or promotion; and (b) impose conditions on your use of the Site.

Account Registration, Password and Security

Your use of the Site may require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.

We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of ours under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by our breach of the express terms of this Agreement, as proven by clear and convincing evidence. You may not use anyone else’s account at any time.

Offerings

Specifications on the Site may not accurately reflect available products. Email or call to confirm specifications prior to placing an order. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.

Payment Unless otherwise agreed to in writing, the purchase price of any goods or services purchased is due before such goods or services are delivered or performed. You shall make all payments hereunder via Visa, Mastercard, Discover or American Express in US dollars. You shall not withhold payment of any amounts due and payable by reason of any claim or dispute with us, whether relating to our breach, bankruptcy or otherwise.

ANY SALE OF GOODS OR SERVICES BY US IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO THESE TERMS AND CONDITIONS. Any proposal for additional or different terms or any attempt by you to vary in any degree any of these Terms in your acceptance or otherwise are hereby expressly rejected by us.

By using any of our Programs, Products and Services you are agreeing to the Terms of

Use as they appear and are legally bound by them, whether or not you have read them.

If at any time you do not agree with these Terms of Use, please do not use our Programs, Products, and Services.

These Terms of Use require the use of arbitration on an individual basis to

resolve disputes, rather than jury trials, and limit the remedies available to you in

the event of a dispute. You fully understand and agree that by enrolling in,

purchasing and/or using any of our Programs, Products, Services, and Program

Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

USE AND CONSENT

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them.

Accessing, purchasing, or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

Our Limited License to You.

Our Programs, Products, and Services and all the

Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to

us, unless otherwise indicated. This content includes, but is not limited to, the design,

layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you.

Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Programs,

Products, or Services, you will be considered our Licensee. For the avoidance of doubt,

all content obtained through us is our property, and you are granted a revocable, nontransferable license for personal, non-commercial use only, limited to you only.

This means that you may not use our Programs, Products, or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services, and

Program Materials with permission and restrictions. This means that when you purchase

a Program, Product or Service from our Website or otherwise, you are purchasing the

limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

You are permitted to use our Programs, Products, Services and Program Materials as Follows:

You may download and/or print Program Handouts and Workbooks for your own personal use in your business.

However, you are not permitted to share, sell, reprint or republish any other of our

Program Materials, including handouts and workbooks, for resale or mass

reproduction purposes for your own business use. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately.

Information You Are Prohibited from Sharing with Others. As a Licensee, you

understand and acknowledge that our Programs, Products and Services and the

Program Materials have been created, developed or obtained by us through the

investment of significant time, effort and expense, and that this information is a

valuable, special and unique asset of ours which needs to be protected from improper

and/or unauthorized use.

By accessing our Content, you agree that you will not:

Share, distribute, or disclose any portion of the Content to any third party without our explicit written permission.

Copy, reproduce, republish, upload, post, transmit, resell, or distribute the Content or any portion thereof for commercial purposes.

Use our Content, in whole or in part, to create derivative works, products, or services that you offer as your own.

Claim ownership or authorship of any Content provided by SARA K DAIGLE.

Price

(a) By purchasing a product on the Site, you consent to pay the purchase price listed on the Site. You also confirm that you have the right to enter into this Agreement.

(b) Prices contained on the Site are subject to change and may not always reflect the most up to date price. As such, you agree to verify the price with the Company prior to purchase by sending an email to team@sarakdaigle.com.

(c) Prices do not include sales, excise, privilege, use, value-added or other similar taxes now in effect or hereafter levied, marketing or testing. You agree to pay all such charges, including applicable sales or other taxes levied with respect to goods or services purchased through this Agreement, upon receipt of the related invoice from us and in accordance with the Agreement. In the event the Agreement expressly provides that any of the foregoing charges are specifically included in the price, any charges attributable to increases in applicable rates after the date such price is quoted to you shall be added to the price of goods or services purchased. Such charges or taxes imposed on us or which we have a duty to collect in connection with the sale or delivery of any goods or services in accordance with the Agreement shall be paid by you and will appear as separate items on our invoice.

Payment

Unless otherwise agreed to in writing, the purchase price of any goods or services purchased is due before such goods or services are delivered or performed. You shall make all payments hereunder via Visa, Mastercard, American Express, or Discover in US dollars. You shall not withhold payment of any amounts due and payable by reason of any claim or dispute with us, whether relating to our breach, bankruptcy or otherwise.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge

your credit or debit card as payment for your Program, Product or Service without any

additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, the Program, Product or

Services will not continue and we reserve the right to cease your access to the member

portal immediately and permanently which may affect your ability to access other

purchased content . “Lifetime access ” is voided when you have a delinquent balance

with us.

If you fail to make payment in a timely manner in accordance with these Terms of Use or

voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products

and Services and all of the information that you give as part of the transaction, such as

your name, address, method of payment, credit card number, and billing information,

may be collected by both us and our payment processing company

Offerings

Returns and Refunds Policy

Please read this policy carefully. This is the Return and Refund Policy of Sara K Daigle.

Digital Products & Courses

Thank you for purchasing our digital products and/or online courses.. We are dedicated to ensuring your satisfaction with your purchase.

If for any reason you are not completely satisfied, we offer a 3 business day refund policy under the following conditions:

Eligibility for Refund:

Refund requests must be submitted within 3 business days of the purchase date.

The refund applies only to the first-time purchase of a digital product. Subsequent purchases of the same product are not eligible for a refund.

Refund Request Process:

To request a refund, please contact us at team@sarakdaigle.com within the 3-day window.

Provide your name, invoice number, and a brief explanation of why you are requesting a refund.

Our team will review your request and respond within 5 business days.

Refund Method:

Approved refunds will be processed back to the original method of payment.

Please allow up to 10 business days for the refund to appear on your statement.

Non-Refundable Situations:

Refund requests made after the 3-day window.

Products that have been significantly used or downloaded (downloaded in excess of 3 times).

We value your feedback and strive to improve our digital offerings continuously. If you have any questions or concerns about our refund policy, please do not hesitate to contact us.

Coaching & Emotional Clearing Sessions

Refund Policy

Thank you for choosing our coaching services. We are committed to your satisfaction and want to ensure you have a positive experience with us. If for any reason you are not satisfied with your coaching session, we offer a 3-day refund policy under the following terms:

Eligibility for Refund:

Refund requests must be submitted within 3 days from the purchase date of the coaching session or coaching package.

Refunds will be granted if you are not satisfied with the service provided and can clearly state the reason for your dissatisfaction.

Refund Request Process:

To request a refund, please contact us at team@sarakdaigle.com within the 3 business day window.

Provide your name, invoice number, and a brief explanation of why you are requesting a refund.

Our team will review your request and respond within 5 business days.

Refund Method:

Approved refunds will be processed back to the original method of payment.

Please allow up to 10 business days for the refund to appear on your statement.

Non-Refundable Situations:

Refund requests made after the 3-day window.

Contact us

If you have any questions about our Returns and Refunds Policy, please contact us:

By email: team@sarakdaigle.com

COACHING/CONSULTING SESSIONS

Please note that if a session is missed, it will be considered forfeited and cannot be rescheduled or refunded. We require a minimum of 48 hours’ notice for any session rescheduling, and no more than two reschedules are allowed during the entire program duration. We encourage you to attend all scheduled sessions to make the most of your experience.

Disclaimer

Our Programs, Products, Services, and Program Materials are intended for informational and educational purposes only. To the fullest extent allowed by law, we disclaim any and all liability for any direct, indirect, or consequential loss or damage that you or others may incur in connection with our Programs, Products, Services, and Program Materials. This includes, but is not limited to, any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental health issues, or any other loss or damage, whether arising from negligence, breach of contract, or otherwise, even if such loss or damage was foreseeable.

You acknowledge and agree that we are not responsible for any defamatory, offensive, or illegal conduct by any participant or user of our Programs, Products, Services, or Program Materials, including yourself.

Legal and Financial Disclaimer

The information provided in our Programs, Products, Services, and Program Materials is for general informational purposes only and should not be interpreted or relied upon as business, financial, or legal advice. We are not providing financial, legal, or business advice in any capacity.

The content we offer is not a substitute for professional advice tailored to your specific circumstances. We strongly encourage you to consult with your own accountant, lawyer, or financial advisor for any questions or concerns regarding your personal financial, legal, or business situation.

You understand and agree that we are not responsible for any decisions you make based on the information provided through our Programs, Products, Services, and Program Materials. This includes, but is not limited to, the success or failure of your business decisions, changes in your financial or income levels, or any other outcomes. You are solely responsible for your actions and results.

Earnings Disclaimer

Any earnings, income, or revenue shared is only an example of what is possible to achieve. Results vary for each person based on a variety of factors, so there are no guarantees that you will experience the same or similar results.

Medical Disclaimer

The content provided in our course(s), including but not limited to videos, written materials, templates, PDFs, and any other associated materials (collectively, “Content”), is for informational purposes only. The information shared in our course is not intended to be, and should not be considered, medical advice.

No Medical Advice

We are not medical professionals, and the information provided in our course is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition.

Not a Substitute for Medical Treatment

The Content in our course is not intended to replace medical treatment or to diagnose, treat, cure, or prevent any disease. Do not disregard professional medical advice or delay seeking it because of something you have read, seen, or heard in our course.

Urging Medical Support

If you have or suspect you have a medical issue, we strongly urge you to consult with a healthcare professional promptly. Do not rely on the Content provided in this course to manage or address any medical condition.

Limitation of Liability

Sara K Daigle and its representatives make no warranties or representations regarding the accuracy, completeness, or suitability of the Content for any particular purpose. You acknowledge and agree that your use of the Content is at your own risk.

Emergency Situations

In case of a medical emergency, call your doctor, seek care from an emergency medical facility, or call emergency services immediately.

Contact Information

If you have any questions or concerns regarding this disclaimer, please contact us at team@sarakdaigle.com

Technology Disclaimer

We strive to ensure that our Programs, Products, Services, and Program Materials are available and delivered without interruption or errors. This includes content and communications provided through various methods such as our Website, member forums, private Facebook groups, emails, videos, audio recordings, webinars (live or recorded), teleseminars (live or recorded), downloadable MP3 audio files, downloadable PDF transcripts, handouts, eBooks, and other materials.

However, we cannot guarantee uninterrupted or error-free access. From time to time, your access may be suspended or restricted to allow for repairs, maintenance, or updates. We will, of course, endeavor to minimize the frequency and duration of such interruptions.

To the fullest extent permitted by law, we are not liable for any damages, refunds, or other recourse should our Programs, Products, Services, or Program Materials become unavailable or if access becomes slow or incomplete due to reasons beyond our control, such as system backups, internet traffic volume, server overloads, network failures, or any other issues that may temporarily impede access.

Use of the Site on Mobile Devices

You are solely responsible for any damage to or technical difficulties that arise from your use of the Site on your mobile device. We cannot and do not warrant that the Site will work as anticipated on every device. Moreover, we cannot and do not warrant that the Site will be free from errors resulting in data interruptions, data loss, or other malfunction.

Your mobile service carrier or provider may assess data or other charges based on your use of the Site. We recommend that you refer to your service provider’s terms of use for information regarding your account, including applicable data and other charges, prior to using the Site on your mobile device. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CHARGES AND FEES, INCLUDING, BUT NOT LIMITED TO, DATA AND OTHER USAGE CHARGES ASSESSED TO YOU BY YOUR MOBILE CARRIER BECAUSE OF YOUR USE OF THE SITE.

You are solely responsible for securing any mobile device on which you use the Site. We will not be responsible for any damage or injury that arises from unauthorized use of your mobile device, including, but not limited to, products purchased from said device.

Prohibited Conduct

You agree not to: (a) access or attempt to access any information, documents, images, software or material (individually and collectively, “Materials“) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available by or through the Site; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites; (c) access or use the Site in any manner that could damage, disable, overburden or impair any server or network used by us in connection with the Site; (d) use any Materials in connection with the Site in any manner that infringes upon any copyrights, patents or other intellectual property rights, privacy rights, rights of publicity or other rights of any party; (e) transmit unsolicited or bulk communications to any Company account holder or other email addresses associated with the Company; (f) post or otherwise submit any software, programs or Materials to the Site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other sites, Materials, or services associated with Company; (h) violate any applicable federal or local laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy any Materials available on the Site (except as expressly permitted by the Agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such Materials to any third party; (j) use the Site to engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Site or others’ use of the Site or otherwise monitor or copy any portion of the Site; (l) frame, mirror, or use framing techniques on any part of the Site without Company’s express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this Agreement, use any Materials; (n) use the Site for any purpose that is abusive, intrusive of another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hurtful; (o) remove any copyright, trademark, or other proprietary rights notice from the Site or Materials; (p) use any Company or Company domain name as a pseudonymous return email address; and/or (q) place false or misleading information on the Site.

These examples of prohibited conduct are illustrative and are not exhaustive. We reserve the right to take action, up to and including terminating a user’s account, if we determine that the user has engaged in prohibited conduct or otherwise violated this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND MERCHANTS (COMPANY, COMPANY AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “COMPANY RELATED PARTIES“) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY DAMAGES OR OTHER MONETARY RELIEF INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF OR RELIANCE UPON ANY INFORMATION OBTAINED BY OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, PRODUCT SPECIFICATIONS AND/OR YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE SITE. ADDITIONALLY, WITHOUT LIMITING THE FORCE OF THE FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES AND ANY DISCLAIMER IN THIS AGREEMENT, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE COMPANY RELATED PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, COMPANY RELATED PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Disclaimer of Warranties

You agree and acknowledge that your use of the Site is without warranty of any kind and that the access to and use of this Site is provided on an “as is” and “as available” basis, to the full extent permissible by applicable law. All warranties are hereby disclaimed, including but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties based on custom or practice. Applicable law may not allow the above exclusion of implied warranties, so the exclusion may not apply to you and shall apply only to the maximum extent allowed by law. No advice or information, whether oral or written, obtained by any user from PROFIT AND CLARITY LLC or www.sarakdaigle.com shall create any warranty not expressly stated herein.

For the avoidance of doubt, and without limiting the foregoing, we cannot and do not represent or warrant that the operation of the Site, its server, or user content will be error-free, uninterrupted, timely, secure, free from viruses and other harmful components, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

Website Disclaimer

The information provided us on the Site and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided “AS IS.” We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. EXCEPT AS PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE OR OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

Testimonials Disclaimer

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS AND EXPERIENCES MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

Additional Disclaimer Related to Third Party Content and Links to Third Party Sites We may display on the Site user content, information, instructions, videos, services, products, functionality and other Materials from third parties, and links to third party sites. The appearance of such Materials and external hyperlinks generated by third parties does not constitute our endorsement of the third party site or its affiliates, and we do not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither we nor our affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY THIRD PARTY CONTENT DISPLAYED ON OR THROUGH THE SITE, ANY PRODUCTS, SERVICES OR

OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Indemnity

You agree to defend, indemnify and hold harmless the Company and any Company Related Parties from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement as demonstrated by clear and convincing evidence), including without limitation, any information or content you submit to or through the Site, any material you download from the Site, or any interference with the operation of the Site.

Submissions

By submitting any comment, idea, suggestion, response to questionnaires or other material to us or through the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, you represent and warrant that public posting and use of such material or information by Company or Company will not infringe on or violate the rights of any third party.

Trademarks and Copyrights

Company, the Company logo, and other marks, logos, graphics, and trade dress used on the Site are Company’s trademarks or the trademarks of third party affiliates and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on or in the Site, such as texts, graphics, images, audio clips, video, data, music, software, and other Materials and all rights therein, are owned or licensed property of Company or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. We do not grant to you any express or implied rights to Company’s or any third party’s intellectual property. Elements of the site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such Materials except as expressly permitted in the Agreement.

Notices and Electronic Communications

Except as explicitly stated otherwise, any notices you send to us shall be sent by email and regular mail at the addresses listed in the paragraph immediately below. In the case of legal notices we send to you (for example, regarding this Agreement or the Privacy Policy), you consent to receive notices and other communications by us through posting notices on the Site or links thereto or sending you an email at the email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice

If you have a question or complaint regarding this Site or the services offered through the Site please send an email to team@sarakdaigle.com. You may also contact us by writing to the address above.

Dispute Resolution

In the event a dispute arises between you and the Company, as a condition precedent to bringing any litigation, you and the Company agree to first contact each other at the address provided above for PROFIT AND CLARITY LLC, and at the e-mail address provided by you in connection with your account, and provide a written description of the problem, how the party has been harmed, what the party is demanding, a statement of the merits of the claim, and a proposed resolution. In the event the proposed resolution is not acceptable, you and the Company shall, within thirty (30) days, make good faith efforts to resolve the matter through in

person or telephonic negotiation between you and a representative of the Company (either side may have, in addition to the parties, a lawyer present).

If the matter is not resolved by negotiation, the parties will submit their disputes to mediation in accordance with any statutory rules of mediation.

If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to litigation.

Governing Law; Jurisdiction

Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

This Agreement shall be governed and interpreted in accordance with the substantive law of the state of MAINE. The parties agree that, to the maximum extent enforceable under applicable law, any litigation regarding use of the Site and the Agreement shall be brought in the state or federal courts in MAINE. If applicable law does not permit forcing a party to litigate in MAINE or if we otherwise agree, any such litigation will be brought in the courts having jurisdiction over the county in which the events giving rise to the claim occurred.

Language

The Agreement has been written in the English language, and you agree that this English language version will govern your use of the Site, dispute proceedings, and other matters described in the Agreement.

Force Majeure

Company shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.

Assignment

You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company. Notwithstanding the foregoing, Company may freely assign the Agreement, and the rights and obligations therein, without your consent, including but not limited to, in connection with a merger, acquisition, or sale of all or substantially all of our assets. Subject to the foregoing, the Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

Entire Agreement

This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between Company and you with respect to the subject matter hereof.

Miscellaneous

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by Company to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement.

Digital Millennium Copyright Act Notice Policy

We respect the intellectual property rights of others and ask you to do the same. If you believe that your work has been posted on or in the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”; (e) the following affirmation (if true): “I hereby state that

the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed.”; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.

Company’s designated agent for notice of copyright infringement can be reached at: SARA DAIGLE – team@sarakdaigle.com

Last Updated on August 13, 2024.