Notice of Privacy Practices
PLEASE READ THIS PRIVACY POLICY CAREFULLY AND IN ITS ENTIRETY BEFORE USING zenvibesandfrenchfries.com (HEREINAFTER REFERRED TO AS THE “SITE”). This Privacy Policy is here to better serve those who are concerned with how their information is used online. The following describes what type of information we collect, what it’s used for, and the measures we take to protect it.
IMPORTANT NOTE: By using the Site and/or purchasing, viewing, downloading, or otherwise signing up to receive Zen Vibes and French Fries Counseling, PLLC email list newsletter, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials (hereinafter collectively referred to as the “Site, Courses, Services, and/or Products”), you voluntarily agree to be bound by this Privacy Policy.
If you have any questions about this Privacy Policy, please contact Kelly J. Martin at kelly@zenvibesandfrenchfries.com.
If you do not agree with the terms of this Privacy Policy, do not use or browse the Site.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Zen Vibes and French Fries Counseling, PLLC and zenvibesandfrenchfries.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kelly J. Martin, Zen Vibes and French Fries Counseling, PLLC, or zenvibesandfrenchfries.com, and any and all written or downloadable material purchased, viewed, or otherwise offered on zenvibesandfrenchfries.com, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
“Site, Courses, Services, and/or Products” means zenvibesandfrenchfries.com content, email list, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials available on the Site.
“Site” means zenvibesandfrenchfries.com and any and all of the Company’s associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Company Statement:
The Site and its Content are owned by Zen Vibes and French Fries Counseling, PLLC.
Zen Vibes and French Fries Counseling, PLLC is committed to protecting your Personal Information. We will only collect or use your Personal Information in accordance with the Privacy Policy herein.
3. What kind of Personal Information do we collect?
Personal Information You Provide:
When using the Site, and in filling out forms, purchasing products, providing comments, or contacting us, you may be asked to enter your name, email address, website address, mailing address, payment or credit card information. We use this information to deliver the product purchased, or information requested, to improve the performance and applicability of the Site, and to provide you with educational content, newsletters, promotions, and special offers.
Personal Information Automatically Collected:
Through use of the Site, the Company may use data collection technology, such as Google Analytics (hereinafter referred to as the “Data Collection Companies”) to collect information related to your use of the Site. Generally speaking, this includes information about your geographic location and Site behavior. The Data Collection Companies also provide us with information about what type of device or software you use, your IP address (with location information), and whether you view the Site on mobile, tablet, or desktop.
We collect this information for statistical purposes only and to improve the viewer experience.
4. What if the Personal Information we have about you is incorrect or you want to update it?
If the Personal Information we have collected about you is incorrect or incomplete in any way, or you would like to update what we have, please contact Kelly J. Martin at kelly@zenvibesandfrenchfries.com. We will make the appropriate corrections when notified, as long as the corrections requested to be made are not incorrect or fraudulent in any way.
5. When do we collect Personal Information?
We collect Personal Information from you when you purchase, order, or sign up on and for the Site, Courses, Services, and Products, download our freebies or resources, subscribe to our newsletter, fill out a form, browse the Site, view Content, make purchases, and/or enter any of your Personal Information on the Site. If you're just viewing the Site, you won't be required to provide personal information to browse.
If you're outside of the EU: if you sign-up to receive any freebies, downloads, webinars, recordings, courses, or services from the Company, or purchase any products or services from us, you will automatically be added to our email list to receive free email messages from us. You can unsubscribe at any time by clicking "UNSUBSCRIBE" at the bottom of each email. If you have any questions, or difficulty unsubscribing from those emails, email Kelly J. Martin at kelly@zenvibesandfrenchfries.com to be unsubscribed from future messages.
If you're IN the EU: if you sign-up to receive any freebies, downloads, webinars, recordings, courses, or services from the Company, or purchase any products or services from us, you will only be added to our email list to receive free email messages from us if you affirmatively consent to receiving such messages. You can unsubscribe at any time by clicking "UNSUBSCRIBE" at the bottom of each email. If you have any questions, or difficulty unsubscribing from those emails, email Kelly J. Martin at kelly@zenvibesandfrenchfries.com to be unsubscribed from future messages.
6. How do we use your Personal Information?
When using the Site, Courses, Services, and/or Products, we may use the Personal Information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication (typically by email), browse the Site, or use certain other Site features in the following ways:
7. Do we share your Personal Information with anyone?
In general, we DO NOT sell, trade, or otherwise transfer to outside (third) parties your Personal Information for marketing or advertising purposes, except for the following purposes:
We may disclose your Personal Information to our subsidiaries, contractors, subcontractors, assigns, affiliates or successors in interest when necessary to carry out our business functions. This may include website hosting partners and other parties who assist us in operating our website, email service, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. If you make your personal information available to third parties through our Site, Courses, Services, and/or Products, Zen Vibes and French Fries Counseling, PLLC is not responsible for any unauthorized use by that third party.
It's also important to note that we DO NOT allow third-party behavioral tracking.
8. How do we protect your Personal Information?
We aim to make your visit to our Site as safe as possible. The Site uses commercially acceptable methods of security protection to protect your information. We adopt appropriate and industry-standard encryption data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
While zenvibesandfrenchfries.com makes every effort to protect your personal information shared through zenvibesandfrenchfries.com, you acknowledge that the personal information you voluntarily share through zenvibesandfrenchfries.com could be accessed or tampered with by a third party. You agree that zenvibesandfrenchfries.com is not responsible for any intercepted information shared through zenvibesandfrenchfries.com without its knowledge and permission. Additionally, you release zenvibesandfrenchfries.com from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
9. Do we use 'cookies' or social media pixels?
Cookies. We, and third-parties as described in Section 7 herein, use cookies and collect information from the computer, mobile phone, or other device you use to access the Site, read our emails, or view our advertisements. This information is automatically collected. Cookies are small data files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site or service provider's systems to recognize your browser and capture and remember certain information.
We use cookies to:
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
While you may disable the use of cookies through your browser’s settings or options page, you may lose some of the features and functionality of the Site, Courses, Services, and/or Products, as cookies are necessary to help track and enhance your experience on the Site.
Pixels. Yes. The Company DOES USE social media pixels (Facebook pixels) to track visitors to the Site so we can tailor advertisements towards those visitors on various social media platforms, including: Facebook and Instagram. The Company reserves the right to use pixels in accordance with the terms of the social media platform.
10. Third-Party Links:
Occasionally, at our discretion, we may include or offer third-party products, services, or links to articles/blogs/sites on our Site. These third-party sites may or may not have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites and/or their privacy policy (or lack thereof). Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about any issues you experience with linked-to sites by emailing us at kelly@zenvibesandfrenchfries.com.
11. Google Ads and Analytics:
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for you. We are not currently using Google Ads on the Site, although this may change in the future.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
To Opt-Out of Google Ads: You can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt-out by visiting the Network Advertising Initiative Opt-Out page or by using the Google Analytics Opt-Out Browser add-on.
12. California Online Privacy Protection Act (“CalOPPA”):
CalOPPA stretches well beyond California to require any person or company that operates websites collecting Personal Information from California viewers/consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.
Pursuant to CalOPPA, we agree to the following:
13. Children’s Online Privacy Protection Act (“COPPA”):
We do not specifically market to children under the age of 13. Please STOP and do not use, view, purchase, or otherwise browse the Site, Courses, Services, or Products if you are under 13 years old. If you’re younger than 13, you are not permitted to enter any Personal Information on this Site.
If you are a parent and you believe your child under the age of 13 has provided us with Personal Information, please contact us immediately to have it removed by emailing us at kelly@zenvibesandfrenchfries.com.
14. Fair Information Practices:
In order to comply with Fair Information Practices, we will take the following responsive action, should a data breach occur:
We will notify you of a data breach as soon as practicable and/or no later than 30 days after discovery of the breach.
15. CAN-SPAM Act of 2003:
The CAN-SPAM Act is a U.S. law which establishes rules for commercial email messages, gives you the right to stop certain commercial emails from being sent to you, and outlines certain penalties for commercial entities or persons who violate the law.
We collect your email address and name so we can:
In accordance with the CAN-SPAM Act, we agree to the following:
TO UNSUBSCRIBE:
If at any time you would like to unsubscribe from receiving future emails, you can email us at Kelly at kelly@zenvibesandfrenchfries.com or follow the instructions at the bottom of any email you receive from us and we will promptly remove you from future correspondence(s). However, unsubscribing from one list or set of emails may not unsubscribe you from receiving ALL future emails from us. If you experience any problems unsubscribing, please email Kelly at kelly@zenvibesandfrenchfries.com and we will promptly handle your removal.
16. Your General Data Protection Regulation ("GDPR") Rights:
If you are located within the European Union ("EU"), you are entitled to certain rights under the GDPR. You have the right to:
17. Contacting Us:
If there are any questions regarding this Privacy Policy, you may contact us using the following information:
18. Changes to our Privacy Policy:
Company has the discretion to update our privacy policy at any time. If our company decides to change our privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use and disclose. We encourage Users to frequently check this page for any changes and to stay informed about our privacy policy. You acknowledge and agree that it is your responsibility to review our privacy policy periodically and become aware of modifications.
Updated on: July 7, 2023
IMPORTANT NOTE: By using the Site and/or purchasing, viewing, downloading, or otherwise signing up to receive Zen Vibes and French Fries Counseling, PLLC email list newsletter, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials (hereinafter collectively referred to as the “Site, Courses, Services, and/or Products”), you voluntarily agree to be bound by this Privacy Policy.
If you have any questions about this Privacy Policy, please contact Kelly J. Martin at kelly@zenvibesandfrenchfries.com.
If you do not agree with the terms of this Privacy Policy, do not use or browse the Site.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Zen Vibes and French Fries Counseling, PLLC and zenvibesandfrenchfries.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kelly J. Martin, Zen Vibes and French Fries Counseling, PLLC, or zenvibesandfrenchfries.com, and any and all written or downloadable material purchased, viewed, or otherwise offered on zenvibesandfrenchfries.com, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
“Site, Courses, Services, and/or Products” means zenvibesandfrenchfries.com content, email list, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials available on the Site.
“Site” means zenvibesandfrenchfries.com and any and all of the Company’s associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Company Statement:
The Site and its Content are owned by Zen Vibes and French Fries Counseling, PLLC.
Zen Vibes and French Fries Counseling, PLLC is committed to protecting your Personal Information. We will only collect or use your Personal Information in accordance with the Privacy Policy herein.
3. What kind of Personal Information do we collect?
Personal Information You Provide:
When using the Site, and in filling out forms, purchasing products, providing comments, or contacting us, you may be asked to enter your name, email address, website address, mailing address, payment or credit card information. We use this information to deliver the product purchased, or information requested, to improve the performance and applicability of the Site, and to provide you with educational content, newsletters, promotions, and special offers.
Personal Information Automatically Collected:
Through use of the Site, the Company may use data collection technology, such as Google Analytics (hereinafter referred to as the “Data Collection Companies”) to collect information related to your use of the Site. Generally speaking, this includes information about your geographic location and Site behavior. The Data Collection Companies also provide us with information about what type of device or software you use, your IP address (with location information), and whether you view the Site on mobile, tablet, or desktop.
We collect this information for statistical purposes only and to improve the viewer experience.
4. What if the Personal Information we have about you is incorrect or you want to update it?
If the Personal Information we have collected about you is incorrect or incomplete in any way, or you would like to update what we have, please contact Kelly J. Martin at kelly@zenvibesandfrenchfries.com. We will make the appropriate corrections when notified, as long as the corrections requested to be made are not incorrect or fraudulent in any way.
5. When do we collect Personal Information?
We collect Personal Information from you when you purchase, order, or sign up on and for the Site, Courses, Services, and Products, download our freebies or resources, subscribe to our newsletter, fill out a form, browse the Site, view Content, make purchases, and/or enter any of your Personal Information on the Site. If you're just viewing the Site, you won't be required to provide personal information to browse.
If you're outside of the EU: if you sign-up to receive any freebies, downloads, webinars, recordings, courses, or services from the Company, or purchase any products or services from us, you will automatically be added to our email list to receive free email messages from us. You can unsubscribe at any time by clicking "UNSUBSCRIBE" at the bottom of each email. If you have any questions, or difficulty unsubscribing from those emails, email Kelly J. Martin at kelly@zenvibesandfrenchfries.com to be unsubscribed from future messages.
If you're IN the EU: if you sign-up to receive any freebies, downloads, webinars, recordings, courses, or services from the Company, or purchase any products or services from us, you will only be added to our email list to receive free email messages from us if you affirmatively consent to receiving such messages. You can unsubscribe at any time by clicking "UNSUBSCRIBE" at the bottom of each email. If you have any questions, or difficulty unsubscribing from those emails, email Kelly J. Martin at kelly@zenvibesandfrenchfries.com to be unsubscribed from future messages.
6. How do we use your Personal Information?
When using the Site, Courses, Services, and/or Products, we may use the Personal Information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication (typically by email), browse the Site, or use certain other Site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our Site in order to better serve you.
- To allow us to better serve you in response to your customer service requests.
- To administer a contest, promotion, survey, or other Site feature.
- To quickly process your transactions on and for the Site, Courses, Services, and/or Products.
- To send periodic emails regarding the Site, Courses, Services, and/or Products.
- To tailor social media (i.e., Facebook, Instagram, etc.) advertisements to you.
7. Do we share your Personal Information with anyone?
In general, we DO NOT sell, trade, or otherwise transfer to outside (third) parties your Personal Information for marketing or advertising purposes, except for the following purposes:
- In order to comply with an investigation, law enforcement inquiry, government entities, courts, or other third parties as required or allowed by applicable law, such as for legal and/or safety purposes.
- Third-party service providers that provide products, tools, platforms or services to us, such as email-list building, website management, customer service, account maintenance, and performing other activities and services related to the management and running of our company.
- Social media platforms, such as Facebook, Instagram, Pinterest, etc. that offer functionalities and services to use their services through our website (i.e., pinning an image to Pinterest, sharing a link to Facebook). If you use those functionalities on the Site, your information will be shared with those platforms to complete those functions and activities.
- Third-party advertising purposes, such as advertising on social media platforms (i.e., Facebook and Instagram) to track and categorize your interests and behavior on our Site for the purposes of marketing and advertising to you. We share information with these companies, and these companies may collect information, including your actions taken on the Site, through tracking methods such as Cookies. These third-parties may also possess or get information about you from your behavior/actions: directly with the third-parties; on/from other websites, mobile apps, or companies that the third-party companies work with; or from your interactions with advertisements the third-party companies show you. The information that these companies collect or that we share may be used to customize or personalize the advertisements that are displayed to you.
We may disclose your Personal Information to our subsidiaries, contractors, subcontractors, assigns, affiliates or successors in interest when necessary to carry out our business functions. This may include website hosting partners and other parties who assist us in operating our website, email service, conducting our business, or serving our users, so long as those parties agree to keep this information confidential.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. If you make your personal information available to third parties through our Site, Courses, Services, and/or Products, Zen Vibes and French Fries Counseling, PLLC is not responsible for any unauthorized use by that third party.
It's also important to note that we DO NOT allow third-party behavioral tracking.
8. How do we protect your Personal Information?
We aim to make your visit to our Site as safe as possible. The Site uses commercially acceptable methods of security protection to protect your information. We adopt appropriate and industry-standard encryption data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
While zenvibesandfrenchfries.com makes every effort to protect your personal information shared through zenvibesandfrenchfries.com, you acknowledge that the personal information you voluntarily share through zenvibesandfrenchfries.com could be accessed or tampered with by a third party. You agree that zenvibesandfrenchfries.com is not responsible for any intercepted information shared through zenvibesandfrenchfries.com without its knowledge and permission. Additionally, you release zenvibesandfrenchfries.com from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
9. Do we use 'cookies' or social media pixels?
Cookies. We, and third-parties as described in Section 7 herein, use cookies and collect information from the computer, mobile phone, or other device you use to access the Site, read our emails, or view our advertisements. This information is automatically collected. Cookies are small data files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site or service provider's systems to recognize your browser and capture and remember certain information.
We use cookies to:
- Compile aggregate data about site traffic and site interactions in order to offer better Site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
- Personalize your experience and better understand customers’ preferences for our marketing and business purposes.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
While you may disable the use of cookies through your browser’s settings or options page, you may lose some of the features and functionality of the Site, Courses, Services, and/or Products, as cookies are necessary to help track and enhance your experience on the Site.
Pixels. Yes. The Company DOES USE social media pixels (Facebook pixels) to track visitors to the Site so we can tailor advertisements towards those visitors on various social media platforms, including: Facebook and Instagram. The Company reserves the right to use pixels in accordance with the terms of the social media platform.
10. Third-Party Links:
Occasionally, at our discretion, we may include or offer third-party products, services, or links to articles/blogs/sites on our Site. These third-party sites may or may not have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites and/or their privacy policy (or lack thereof). Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about any issues you experience with linked-to sites by emailing us at kelly@zenvibesandfrenchfries.com.
11. Google Ads and Analytics:
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for you. We are not currently using Google Ads on the Site, although this may change in the future.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
To Opt-Out of Google Ads: You can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt-out by visiting the Network Advertising Initiative Opt-Out page or by using the Google Analytics Opt-Out Browser add-on.
12. California Online Privacy Protection Act (“CalOPPA”):
CalOPPA stretches well beyond California to require any person or company that operates websites collecting Personal Information from California viewers/consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.
Pursuant to CalOPPA, we agree to the following:
- Users CAN visit our site anonymously.
- There IS a link to this Privacy Policy can be found at zenvibesandfrenchfries.com/privacy.
- Our Privacy Policy link DOES include the word 'Privacy' and can easily be found on the page specified above. It is titled "Privacy Policy" very clearly.
- You will be notified of any Privacy Policy changes on our Privacy Policy Page (see bottom “Updated On” date).
13. Children’s Online Privacy Protection Act (“COPPA”):
We do not specifically market to children under the age of 13. Please STOP and do not use, view, purchase, or otherwise browse the Site, Courses, Services, or Products if you are under 13 years old. If you’re younger than 13, you are not permitted to enter any Personal Information on this Site.
If you are a parent and you believe your child under the age of 13 has provided us with Personal Information, please contact us immediately to have it removed by emailing us at kelly@zenvibesandfrenchfries.com.
14. Fair Information Practices:
In order to comply with Fair Information Practices, we will take the following responsive action, should a data breach occur:
We will notify you of a data breach as soon as practicable and/or no later than 30 days after discovery of the breach.
15. CAN-SPAM Act of 2003:
The CAN-SPAM Act is a U.S. law which establishes rules for commercial email messages, gives you the right to stop certain commercial emails from being sent to you, and outlines certain penalties for commercial entities or persons who violate the law.
We collect your email address and name so we can:
- Send information, respond to inquiries, and/or other requests or questions.
- Process orders and to send information and updates pertaining to orders of a course, product, or service.
- Send you additional information related to your course, product and/or service.
- Market to our mailing list or continue to send emails to you after the original transaction has occurred.
- Email you a newsletter with free information and advertising certain Products, Services, and/or Courses we offer.
In accordance with the CAN-SPAM Act, we agree to the following:
- We WILL NOT use false or misleading subjects or email addresses.
- We WILL identify the email message as an advertisement in some reasonable way.
- We WILL include our business mailing address and/or physical address in our emails.
- We WILL monitor third-party email marketing services for compliance.
- We WILL honor opt-out/unsubscribe requests quickly.
- We WILL allow users to unsubscribe by using the appropriate link at the bottom of each email.
TO UNSUBSCRIBE:
If at any time you would like to unsubscribe from receiving future emails, you can email us at Kelly at kelly@zenvibesandfrenchfries.com or follow the instructions at the bottom of any email you receive from us and we will promptly remove you from future correspondence(s). However, unsubscribing from one list or set of emails may not unsubscribe you from receiving ALL future emails from us. If you experience any problems unsubscribing, please email Kelly at kelly@zenvibesandfrenchfries.com and we will promptly handle your removal.
16. Your General Data Protection Regulation ("GDPR") Rights:
If you are located within the European Union ("EU"), you are entitled to certain rights under the GDPR. You have the right to:
- Know how long we'll keep your information. We'll keep your personal information until: the earlier of: (1) you either ask us to delete your information or (2) the Company decides it no longer needs the data and the cost of retaining it outweighs the value to keeping it.]
- Access, rectify or erase your personal information.
- Withdraw your consent to the Company's processing of your data, which shall have no effect on the lawfulness of the processing of your personal information prior to your withdrawal.
- Lodge a complaint with a supervisory authority that has jurisdiction over GDPR issues.
- Provide only your personal information which is reasonably required to enter into a contract with us. The Company will not ask for your consent to provide unnecessary personal information on the condition of entering into a contractual relationship with the Company.
17. Contacting Us:
If there are any questions regarding this Privacy Policy, you may contact us using the following information:
- Website: zenvibesandfrenchfries.com
- Email: Kelly at kelly@zenvibesandfrenchfries.com
- Business Address: 400 Chisholm Place, Ste 222, Plano, TX 75075
18. Changes to our Privacy Policy:
Company has the discretion to update our privacy policy at any time. If our company decides to change our privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use and disclose. We encourage Users to frequently check this page for any changes and to stay informed about our privacy policy. You acknowledge and agree that it is your responsibility to review our privacy policy periodically and become aware of modifications.
Updated on: July 7, 2023
Notice of Terms & Conditions
Please read these Terms and Conditions carefully and in their entirety before using zenvibesandfrenchfries.com (hereinafter referred to as the “Site”). The Site and its Content are owned by Zen Vibes and French Fries Counseling, PLLC.
PURPOSE: These Terms and Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms and Conditions. You agree that you have read, understood, and consented to these Terms and Conditions. If you have any questions, please contact us at kelly@zenvibesandfrenchfries.com.
You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.
These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Zen Vibes and French Fries Counseling, PLLC and our website, zenvibesandfrenchfries.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kelly J. Martin, Zen Vibes and French Fries Counseling, PLLC, and/or zenvibesandfrenchfries.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Zen Vibes and French Fries Counseling, PLLC and/or on zenvibesandfrenchfries.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number etc.
“Site, Courses, Services, and/or Products” means zenvibesandfrenchfries.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
“Site” means zenvibesandfrenchfries.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms and Conditions, and our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms and Conditions and our Privacy Policy.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree and consent NOT to:
4. DISCLAIMER:
By using the Site, you understand that we are a Licensed Professional Counselor (LPC). We are not a nutritionist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
5. Your Consent to These Terms and Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms and Conditions as stated herein.
6. Changes to These Terms and Conditions:
We reserve the right to change, amend, or otherwise alter these Terms and Conditions at any time without notice to you. When changes are made to these Terms and Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms and Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms and conditions.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Zen Vibes and French Fries Counseling, PLLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms and Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
10. Your License to Us:
By commenting on the Site, or submitting documents to Zen Vibes and French Fries Counseling, PLLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase and Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials. Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing the Site and its Content:
You must request and receive written permission by email kelly@zenvibesandfrenchfries.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Zen Vibes and French Fries Counseling, PLLC.
13. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and [HIS/HER/THEIR] circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Zen Vibes and French Fries Counseling’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Zen Vibes and French Fries Counseling, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors and Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Zen Vibes and French Fries Counseling does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kelly at kelly@zenvibesandfrenchfries.com.
18. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Zen Vibes and French Fries Counseling’s Courses, Services, and/or Products, please contact us directly first by emailing Kelly at: kelly@zenvibesandfrenchfries.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Zen Vibes and French Fries Counseling shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Plano, Texas.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Zen Vibes and French Fries Counseling for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. Consent to Governing Law:
These Terms and Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
20. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Texas or a state court located within the State of Texas in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
21. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas.
22. Payment and Purchases:
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Zen Vibes and French Fries Counseling, PLLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Zen Vibes and French Fries Counseling, PLLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
23. Limitation of Liability:
Zen Vibes and French Fries Counseling, PLLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product]. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
24. Defense and Indemnification:
You shall, at all times, indemnify, defend, and hold harmless Zen Vibes and French Fries Counseling, PLLC, Kelly J. Martin, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Zen Vibes and French Fries Counseling, PLLC and Kelly J. Martin (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms and Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
25. Termination of Your Use:
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms and Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
26. Entire Agreement:
These Terms and Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
27. Severability:
The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. Your Privacy and Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
29. Contact:
If you have any questions or concerns regarding these Terms and Conditions, you may contact us using the following information:
30. Changes to our Terms & Conditions:
Company has the discretion to update our terms & conditions at any time. If our company decides to change our terms & conditions, we will post those changes on our website. We encourage Users to frequently check this page for any changes and to stay informed about our terms & conditions. You acknowledge and agree that it is your responsibility to review our terms & conditions periodically and become aware of modifications.
Updated on: July 7, 2023
PURPOSE: These Terms and Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms and Conditions. You agree that you have read, understood, and consented to these Terms and Conditions. If you have any questions, please contact us at kelly@zenvibesandfrenchfries.com.
You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.
These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Zen Vibes and French Fries Counseling, PLLC and our website, zenvibesandfrenchfries.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Kelly J. Martin, Zen Vibes and French Fries Counseling, PLLC, and/or zenvibesandfrenchfries.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Zen Vibes and French Fries Counseling, PLLC and/or on zenvibesandfrenchfries.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number etc.
“Site, Courses, Services, and/or Products” means zenvibesandfrenchfries.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
“Site” means zenvibesandfrenchfries.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms and Conditions, and our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms and Conditions and our Privacy Policy.
3. Site Rules:
By using the Site and/or making any Purchase, you hereby agree and consent NOT to:
- Abuse or harass any person through or on the Site.
- Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
- Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
- Post or transmit any “spam” or unwanted, unsolicited content.
- Post copyrighted materials, photographs, or content which do not belong to you.
- Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
- Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4. DISCLAIMER:
By using the Site, you understand that we are a Licensed Professional Counselor (LPC). We are not a nutritionist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
5. Your Consent to These Terms and Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms and Conditions as stated herein.
6. Changes to These Terms and Conditions:
We reserve the right to change, amend, or otherwise alter these Terms and Conditions at any time without notice to you. When changes are made to these Terms and Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms and Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms and conditions.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Zen Vibes and French Fries Counseling, PLLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms and Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
10. Your License to Us:
By commenting on the Site, or submitting documents to Zen Vibes and French Fries Counseling, PLLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. Purchase and Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials. Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.
12. Sharing the Site and its Content:
You must request and receive written permission by email kelly@zenvibesandfrenchfries.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Zen Vibes and French Fries Counseling, PLLC.
13. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and [HIS/HER/THEIR] circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Zen Vibes and French Fries Counseling’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Zen Vibes and French Fries Counseling, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. Errors and Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Zen Vibes and French Fries Counseling does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Kelly at kelly@zenvibesandfrenchfries.com.
18. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Site or Zen Vibes and French Fries Counseling’s Courses, Services, and/or Products, please contact us directly first by emailing Kelly at: kelly@zenvibesandfrenchfries.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Zen Vibes and French Fries Counseling shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Plano, Texas.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas. The only award that can be issued to you is a refund of any payment made to Zen Vibes and French Fries Counseling for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. Consent to Governing Law:
These Terms and Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
20. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Texas or a state court located within the State of Texas in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
21. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas.
22. Payment and Purchases:
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Zen Vibes and French Fries Counseling, PLLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that Zen Vibes and French Fries Counseling, PLLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
23. Limitation of Liability:
Zen Vibes and French Fries Counseling, PLLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product]. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
24. Defense and Indemnification:
You shall, at all times, indemnify, defend, and hold harmless Zen Vibes and French Fries Counseling, PLLC, Kelly J. Martin, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Zen Vibes and French Fries Counseling, PLLC and Kelly J. Martin (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms and Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
25. Termination of Your Use:
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms and Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
26. Entire Agreement:
These Terms and Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
27. Severability:
The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. Your Privacy and Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
29. Contact:
If you have any questions or concerns regarding these Terms and Conditions, you may contact us using the following information:
- Website: zenvibesandfrenchfries.com
- Email: Kelly at kelly@zenvibesandfrenchfries.com
- Business Address: 400 Chisholm Place, Ste 222, Plano, TX 75075
30. Changes to our Terms & Conditions:
Company has the discretion to update our terms & conditions at any time. If our company decides to change our terms & conditions, we will post those changes on our website. We encourage Users to frequently check this page for any changes and to stay informed about our terms & conditions. You acknowledge and agree that it is your responsibility to review our terms & conditions periodically and become aware of modifications.
Updated on: July 7, 2023
Notice of Disclaimer
Please read this Disclaimer carefully and in its entirety before using zenvibesandfrenchfries.com (hereinafter referred to as the “Site”). The Site and its Content are owned by Zen Vibes and French Fries Counseling, PLLC.
PURPOSE: This Disclaimer is here to clearly explain, outline, and layout who we are, what we do, and what we don't do before you use, view, and/or browse the Site and/or purchase or download any course, program, service, or product offered by us. In short, the purpose of the Site is to provide information and education on anxiety and grief therapy for women.
IMPORTANT NOTE: By using the Site in any capacity, you voluntarily agree to this Disclaimer. You agree that you have read (or had the opportunity to read and chose not to), understood, and consented to this Disclaimer. If you have any questions, please contact us at kelly@zenvibesandfrenchfries.com.
Finally, you must be at least 18 years old and be able to consent to this Disclaimer. If you are under the age of 18, or you do not agree with this Disclaimer as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Disclaimer as stated herein, regardless of whether or not you have read it.
1. Definitions
“Company”, “We”, “I”, “Our”, or “Us” means Zen Vibes and French Fries Counseling, PLLC and zenvibesandfrenchfries.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from or on behalf of Zen Vibes and French Fries Counseling, PLLC, or zenvibesandfrenchfries.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on zenvibesandfrenchfries.com, such as blog posts, graphics, designs, documents, information, templates, and materials.
“Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.
“Site, Courses, Services, and/or Products” means zenvibesandfrenchfries.com and its associated pages, content, email list, social media posts, blog posts, courses, coaching services, group courses or programs, templates, contracts, forms, guides, eBooks, worksheets, workbooks, website materials, and/or templates available on the Site.
“Site” means zenvibesandfrenchfries.com and any and all of its pages, tabs, or sub-pages and “Content”, as defined herein.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Disclaimer
The Site, Courses, Services, and/or Products are intended for informational and educational purposes only and are not intended as professional medical advice by us. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your agreement that the Site, Courses, Services, and/or Products is not professional medical advice and shall not be relied upon by you as such.
You should ALWAYS consult with your physician or another medical professional first before implementing any of our advice, information, or suggestions. You should always consult with a physician or medical professional (not us) before implementing any changes to your diet, medication, lifestyle, exercise regimen, supplement regimen, or health practices. Please only implement any and all changes after consulting with your physician and assessing your own risk.
3. Affiliate Links/Products
From time to time, we link to products or services we love using affiliate links. This means that we may receive a small percentage or fee for referring you to any product you may purchase from one of those sites. These small fees help sustain our small business.
4. Sponsored Posts
We may feature sponsored blog posts. If we do, we will clearly state that the post is sponsored and by whom in the post. While we are committed to only featuring sponsored content from companies or products we have tried and loved, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services. You should use them at your own risk and make all the appropriate investigations you need to on your own to feel comfortable using them. Please feel free to email us at kelly@zenvibesandfrenchfries.com if you have any questions about our sponsored posts.
5. Information Is No Substitute for Professional Advice
The Content contained on this Site is not a substitute for the advice of your attorney, physician, medical professional, mental health professional, financial advisor, accountant, or any other professional you consult or should consult. This Site simply contains informational and educational material and information.
6. No Warranties, Guarantees, or Representations
Although we do our best to maintain the Site and its Content, we do not warranty, guarantee, or represent that our Content or Site, Courses, Services, and/or Products are accurate, complete, reliable, or free of errors or that they pertain to your particular circumstances or health situation. Although we do our best to update the Site, we also cannot guarantee -- due to how rapidly things change -- that all of our Content is up to date or completely accurate.
7. Disclaimer of Liability
To the extent permitted by law, we disclaim any and all liability pertaining to your use, purchase, or download of the Site, Courses, Services, and/or Products. Please use the Site, Courses, Services, and/or Products at your own risk, after making an independent assessment of risk.
8. Testimonials/Examples
The Testimonials or examples on the Site are simply that: examples. While they are all accurate and authentic, we are not making any claims that YOU will experience the same or better results from using or purchasing the Site, Courses, Services, and/or Products.
9. No Endorsements
Any links to, mentions of, or features of various companies, products, or services are not in any way an endorsement of said company, product, and/or service by us. It does not mean that we guarantee your success, satisfaction, or safety with respect to said company, product, or service. You should only use or do business with one of those companies, products, or services after you have independently investigated it, assessed the applicable risk, and determined you would like to use or try it.
10. Privacy Policy + Terms and Conditions
Please read our Privacy Policy and Terms and Conditions before using the Site. Thank you.
11. Contact Us
If you have any questions about the Disclaimer or its terms, you may contact us using the following information:
• Website: zenvibesandfrenchfries.com
• Email: Kelly at kelly@zenvibesandfrenchfries.com
• Business Address: 400 Chisholm Place, Ste 222, Plano, TX 75075
12. Changes to our Notice of Disclaimer:
Company has the discretion to update our disclaimer notice at any time. If our company decides to change our disclaimer notice, we will post those changes on our website. We encourage Users to frequently check this page for any changes and to stay informed about our disclaimer notice. You acknowledge and agree that it is your responsibility to review our disclaimer notice periodically and become aware of modifications.
Updated On: July 7, 2023
Notice of No Surprises Act
Notice of Right to Receive a Good Faith Estimate of Expected Charges Under the No Surprises Act
You have the right to receive a “Good Faith Estimate” explaining how much your medical care will cost.
Under the law, healthcare providers need to give clients who self-pay for their services an estimate of the bill for healthcare items and services (including therapy services).
You have the right to receive a Good Faith Estimate for the total expected cost of any non-emergency items or services, including therapy services.
Ensure your healthcare provider gives you a Good Faith Estimate in writing at least one business day before your services begin. You can also ask your healthcare provider and any other provider you choose for a Good Faith Estimate before you schedule a service.
If you receive a bill that is at least $400 more than your Good Faith Estimate, you can dispute the bill.
Make sure to save a copy or picture of your Good Faith Estimate.
For questions or more information about your right to a Good Faith Estimate,
visit www.cms.gov/nosurprises or call the U.S. Department of Health and Human Services (HHS) at 1-800-985-3059.
Updated On: July 7, 2023
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