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Terms and Conditions

Terms and Conditions

This website is owned and operated by Kimberly Dillavou. The terms “Company,” “we,” ” I“, or “us” refer to Gracefully Living Life Loved. The term “Website” refers to gracefullylivinglifeloved.com.

We assume that by accessing this website you accept these terms and conditions in full. In addition, we assume you accept to be subject to any guidelines and rules applicable to the services included herein. Do not continue to use Gracefully Living Life Loved’s website if you do not accept all of the terms and conditions stated in this agreement.

Agreement between User and gracefullylivinglifeloved.com

Welcome to gracefullylivinglifeloved.com. The gracefullylivinglifeloved.com website (the “Site”) is comprised of various web pages operated by Gracefully Living Life Loved (“Kimberly Dillavou”). gracefullylivinglifeloved.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of gracefullylivinglifeloved.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The website – gracefullylivinglifeloved.com is a Blog Site intended for informational and educational purpose only.

The purpose of Gracefully Living Life Loved is to encourage and inspire you to become the best version of you. To provides tools and information to assist to to live a fulfilling and satisfying life.

Unless otherwise expressly stated, Gracefully Living Life Loved and/or its licensors own the intellectual property rights for all content and material on the website. All intellectual property rights are reserved.

You are not allowed to:

You may request permission to use certain content in specific cases, by sending an email to gracfullylivinglifeloved.com with the details of your request.

Privacy

Your use of gracefullylivinglifeloved.com is subject to Gracefully Living Life Loved ‘s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting gracefullylivinglifeloved.com or sending emails to Kimberly Dillavou and Gracefully Living Life Loved constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kimberly Dillavou is not responsible for third party access to your account that results from theft or misappropriation of your account. Kimberly Dillavou and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Gracefully Living Life Loved does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use gracefullylivinglifeloved.com only with permission of a parent or guardian.

Refund Policy

All sales are final, and Gracefully Living Life Loved does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Cancellation Of Subscription

Certain of the Company’s products and services may be offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing gracefullylivingliofeloved@gmailcom

Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period, provided that you have contacted Company to request cancellation at least 3 business days before your next monthly payment comes due. You shall not be charged after a cancellation.

Links to Third Party Sites/Third Party Services

The website, gracefullylivinglifeloved.com, may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gracefully Living Life Loved and Kimberly Dillavou is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kimberly Dillavou is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kimberly Dillavou of the site or any association with its operators.

Certain services made available via gracefullylivinglifeloved.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the gracefullylivinglifeloved.com domain, you hereby acknowledge and consent that Kimberly Dillavou may share such information and data with any third party with whom Kimberly Dillavou has a contractual relationship to provide the requested product, service or functionality on behalf of gracefullylivinglifeloved.com users and customers.

© Copyright – All rights reserved.

Use Of Digital Downloads And Materials

The Company provides information, various digital downloads, books, and materials for sale on this Website. In no way is it legal to:

  • Reproduce, duplicate, or transmit any part of the information, resources, or documents in either electronic means or in printed format that is shared on this website that you purchase.
  • Record any of the information, resources, or documents within this website – it is strictly prohibited and any storage of this document is not allowed unless with written permission from the publisher, Kimberly Dillavou .
  • All rights reserved.

The Company grants you a limited, personal, non-exclusive, non-transferable license to use our digital downloads, books, and materials for your own personal use. By ordering or downloading books, digital products, or materials, you agree that the items you purchase or download may only be used by you for your personal use only.

The information provided herein is stated to be truthful and consistent, in that any liability, in terms of inattention or otherwise, by any usage or abuse of any policies, processes, or directions contained within is the solitary and utter responsibility of the recipient reader. Under no circumstances will any legal responsibility or blame be held against the publisher, Kimberly Dillavou, for any reparation, damages, or monetary loss due to the information herein, either directly or indirectly.

Intellectual Property/No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use gracefullylivinglifeloved.com strictly in accordance with these terms of use. As a condition of your use of the Site, Gracefully Living Life Loved, you warrant to Kimberly Dillavou that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kimberly Dillavou or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You are not allowed to, content in whole or in part:

  • Republish, modify content or material
  • Sell, rent, or sub-license content or material
  • Reproduce, duplicate, or copy content or material
  • Redistribute content or material
  • Create derivative works
  • Exploit any of the content

found on the Site, Gracefully Living Life Loved. Kimberly Dillavou’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kimberly Dillavou and the copyright owner.

You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kimberly Dillavou or our licensors except as expressly authorized by these Terms.

Use of Paid Courses, Programs, and Associated Material

The Company may offer various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. 

By ordering or participating in a Course, you agree that the Course(s) you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Gracefully Living Life Loved.

Use Of Free Downloadable Content

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner. 

By downloading the Free Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

Cancellation Of Subscription

Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing [email protected]

Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period, provided that you have contacted Company to request cancellation at least 2 business days before your next monthly payment comes due. You shall not be charged after a cancellation.

No Refunds 

All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Should your purchase of any product be governed by any other terms regarding refunds, those terms for that specific product / those specific products will supersede this general provision. 

Materials Provided to gracefullylivinglifeloved.com or Posted on Any Gracefully Living Life Loved Web Page

Kimberly Dillavou does not claim ownership of the materials you provide to gracefullylivinglifeloved.com (including feedback and suggestions) or post, upload, input or submit to any Kimberly Dillavou Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kimberly Dillavou, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Kimberly Dillavou is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kimberly Dillavou’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Gracefully Living Life Loved account to third party accounts. By connecting your Gracefully Living Life Loved account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Jurisdiction

The terms of this agreement will be governed by the laws of the State of South Dakota. The state and federal courts located in Brown County, South Dakota will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, gracefullylivinglifeloved.com or any services provided by Gracefully Living Life Loved.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Aberdeen, South Dakota.

International Users

The Service is controlled, operated and administered by Kimberly Dillavou from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kimberly Dillavou Content accessed through gracefullylivinglifeloved.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kimberly Dillavou, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kimberly Dillavou reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kimberly Dillavou in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kimberly Dillavou agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Termination/Access Restriction

Kimberly Dillavou reserves the right, in its sole discretion, to terminate your access to the Site, Gracefully Living Life Loved, and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Dakota and you hereby consent to the exclusive jurisdiction and venue of courts in South Dakota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kimberly Dillavou as a result of this agreement or use of the Site, Gracefully Living Life Loved. Kimberly Dillavou’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kimberly Dillavou’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Gracefully Living Life Loved, or information provided to or gathered by Kimberly Dillavou with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kimberly Dillavou with respect to the Site, Gracefully Living Life Loved, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kimberly Dillavou with respect to the Site, Gracefully Living Life Loved. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Kimberly Dillavou reserves the right, in its sole discretion, to change the Terms under which gracefullylivinglifeloved.com is offered. The most current version of the Terms will supersede all previous versions. Kimberly Dillavou encourages you to periodically review the Terms to stay informed of our updates.

The date the Terms and Conditions was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this policy to check for any changes.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: South Dakota, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gracefully Living Life Loved.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Gracefully Living Life Loved, accessible from https://www.gracefullylivinglifeloved.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable

Contact Us

We welcome your questions or comments regarding the Terms & Conditions.

Gracefully Living Life Loved

Updated – November 10, 2022

Effective – ,November 10 2022

Email: [email protected]

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