TERMS OF SERVICE
Last Updated: March 30, 2021
Our “Terms of Service” is comprised of the following agreements:
The terms “we”, “us”, and “our” refer to Cultivate What Matters LLC (“Company”).
The terms “Site(s)” refers to www.laracasey.com, www.cultivatewhatmatters.com, and www.goalschool.com (“Sites”). On these Sites, we provide information related to the subject matter of goal setting and personal development, and we offer various products for sale, including but not limited to physical products, as well as online and live educational opportunities (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.
1. USE OF THE SITES AND SERVICES
Our Site and Services are for your personal and non-commercial use, unless otherwise specified. You may not use any of the Services provided by the Sites for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company. You may not modify, copy, transmit, distribute, display, send, perform, reproduce, publish, license, create derivative works from, participate in the transfer or sale of, exploit, or otherwise infringe on any intellectual property rights related to any information, content, software, products or Services obtained from or otherwise connected to our Sites and/or Services.
2. INTENDED AUDIENCE
To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Services.
3. LAWFUL PURPOSES
You may use the Sites and/or Services for lawful purposes only. You shall not post or transmit through the Sites and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4. ACCOUNT CREATION
In order to use the Sites and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
6. REFUSAL OF SERVICES
We reserve the right to refuse access to the Sites and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Services.
7. YOUR COMMUNICATIONS WITH US
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Membership or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
9. NO GUARANTEES OF RESULTS
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind. By accessing the Sites and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. The Company does not guarantee that you will get any results using any of our products, Services, Sites, ideas, tools, strategies or recommendations, and nothing in our Sites and Services is a promise or guarantee to you of such results.
10. LIVE EVENTS
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
The Sites and/or Services are for your educational and informational purposes only and do not constitute legal, financial, or medical advice (“Professional Advice”). They are not intended to be a substitute for such Professional Advice. Always seek the Professional Advice of a qualified professional. Never disregard such Professional Advice or delay in seeking it because of something presented in the Sites and/or Services.
12. INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify Company at firstname.lastname@example.org. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
13. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE SITES OR SERVICES IT PROVIDES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. THIRD PARTY COMPANIES AND RESOURCES
Mention of third-party products, information, companies and websites (“Third-Party Resources”) on the Sites and/or Services are for informational purposes only and do not constitute an endorsement, affiliation, or recommendation by the Company of those Third-Party Resources. The views and opinions expressed by Third Party Resources on our Sites and/or Services do not necessarily reflect the opinion of the Company. The Company assumes no responsibility and disclaims any and all liability with regard to the selection, performance or your use of these Third-Party Resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of Third-Party Resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Resources.
15. AFFILIATE LINKS
From time to time, Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship. We disclaim any and all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Sites and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
17. GOVERNING LAW
The Terms of Service shall be governed by the laws of the State of North Carolina.
18. DISPUTE RESOLUTION
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Orange County, North Carolina. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, any party may take the matter to court.
19. EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
20. ENTIRE AGREEMENT
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
25. CHANGED TERMS
HOW TO CONTACT US
If you have any questions about our Terms of Service, please contact us at:
Lara Casey Media LLC
50051 Governors Drive, Suite D
Chapel Hill, NC 27517
TERMS OF PRODUCT PURCHASE
In addition to the terms set forth in the Terms of Service, the following terms apply if you place an order and/or accept delivery from the Company of physical items available for sale on the Sites (“Product(s)”). These terms and conditions of sale apply to all purchases, including internet, telephone, or in-store purchases.
1. ORDERS; PAYMENT
Orders placed do not constitute a legal contract until Company ships the Product(s). Terms of payment are within Company’s sole discretion, and unless otherwise agreed to by Company, payment must be received by Company prior to its acceptance of an order. Payment for the Product(s) may be made by credit card, wire transfer, or some other prearranged payment method. All online sales must be made by credit card. We accept Visa, Mastercard, American Express, and Discover. If payment is made by credit card, acceptance of orders is subject to credit card verification procedures. We reserve the right to cancel an order if it does not meet our credit card verification standards. If payment is made by personal check, Product(s) will not be shipped until the check clears. Your order is subject to cancellation by Company, at its sole discretion. Company is not responsible for pricing, typographical, or other errors, in any offer by Company and Company reserves the right to cancel any orders resulting from such errors.
Applicable state and local sales taxes will be charged to all sales where Company has a physical presence or is otherwise required to do so.
3. PRICING AND PRODUCT AVAILABILITY
All prices and availability are subject to change without notice. Occasionally, we may have just sold out of an item which you ordered and have not had time to remove it from our Sites. Under these circumstances, we will contact you to see if you would prefer a substitution, special order or a cancellation.
There may be times when an item you wish to order is on backorder. Backorder means that the Product(s) is out of stock at the time, but we are aware that you want the item. When the item is back in stock, we will automatically ship your order unless you contact us to indicate otherwise.
5. SIGNATURE REQUIRED FOR DELIVERY
Because of the custom nature of our Products, we may insure your shipment and may require a signature upon delivery. This is regardless of any waivers you may have with any shipping carrier (i.e., FedEx, UPS, etc.). These requirements are for your protection and will not be waived by the Company.
6. SHIPPING POLICY
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to Product(s) passes from Company to you upon shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by Company is our responsibility, however, we will not be responsible for any physical damage to any shipment if it is not inspected at the time of delivery and damages or suspected damages are not clearly noted on the carrier’s paperwork at the time of delivery. Loss or damage that occurs during shipping by any carrier selected by you is your responsibility. You must notify Company within five (5) calendar days of the date of your receipt of the Product(s) if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Company with a valid and correct tax exemption certificate applicable to your purchase of Product(s) and the Product(s) ship-to location, you are responsible for sales tax and other taxes associated with the order. Any quoted shipping dates are estimates only. Many items are made to order when purchased from our Site and may take 3 to 5 business days to ship.
7. RETURN POLICY
Company does not accept returns or exchanges. If your product is damaged, please email email@example.com within 7 days of your purchase with proof of damages. With proper assessment of damage, a refund or replacement order will be issued to the customer on a case by case basis. Please allow 3-5 business days for refunds on your debit or credit card to appear in your account.8. SPECIAL/CUSTOM ORDERS
When you place a special/custom order, you have committed to the item. Please note that special/custom orders are outside the scope of regular designed production and are both non-refundable and non-exchangeable from the time the order is placed.
9. INTERNATIONAL ORDERS
Please note that the following additional terms and conditions apply to all international orders:
- The order recipient is the importer of record and must comply with all laws, regulations and restrictions of the destination country.
- Prices and Shipping & Handling Fees do not include brokerage fees, import and customs duties, value added taxes (“VAT”), tariffs, and other fees that may be levied by the destination country, all of which are the responsibility of the customer. All costs incurred on a refused delivery because of custom or brokerage fees, duties, taxes or restrictions imposed by the destination country are the responsibility of the customer
- All international orders, regardless of payment method, are subject to order verification.
In addition to the terms set forth in the Terms of Service, the following terms apply if you access, participate in and/or purchase the Goal School™ online program (“Membership”):
1. MEMBERSHIP ACCESS
The Membership is for your own personal use. You agree not to share access to or the contents of the Membership with anyone who is not a customer of record with the Company. In order to use the Membership, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Membership may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments, as applicable, to the Company for your purchase of the Membership.
2. NO CONFIDENTIALITY
You understand that given the group format of the Membership, information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
3. YOUR CONDUCT
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Membership participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership without reimbursement or liability, if Company, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other participants.