Effective May 2020
Please Read Carefully Before Using This Website:
All of the Lyndsay Toensing Coaching & Healing websites, social media pages, or related digital/software services (collectively, “Services”) that you are using, accessing, or purchasing any goods or services from are either owned or offered by Lyndsay Toensing Coaching & Healing, and its subsidiaries or affiliates (collectively, “Lyndsay Toensing”). The references to “we,” “us,” and “our” as used in these Terms of Use refer to Lyndsay Toensing Coaching & Healing.
By accessing or using our Services, you are agreeing to be bound by these Terms of Use together with our Privacy Policy. Additionally, some of the content that you may access through our Services is not intended to replace advice from your doctor. Remember that participation in these programs is voluntary and done at your own risk.
If you do not agree with any of the provisions found in these Terms of Use, then you should not use or access the Services.
1. INTELLECTUAL PROPERTY
All intellectual property or other content contained in the Services is owned and controlled by Lyndsay Toensing, Bonney Lake, WA 98391 unless expressly stated otherwise. All rights are reserved by Lyndsay Toensing to such intellectual property or content.
All content included in the Services such as recorded meditations, blogs and videos are the copyrighted property of Lyndsay Toensing. All content is protected by the United States and international copyright laws. The compilation of all content that may be accessed through the Services are the exclusive property of Lyndsay Toensing and protected by copyright laws.
By working with Lyndsay Toensing, you agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property appearing on our Services.
If you believe any content or material contained on the Services infringes your copyright, you must give Lyndsay Toensing notice under the Digital Millennium Copyright Act by contacting us at LyndsayToensingCoaching(AT)gmail(DOT)com. We will investigate your submission and may request additional information or statements necessary to verify your claim and/or to take down the applicable material.
2. PERMITTED USE
The content accessed via the Services is provided only for your personal use, general information, and convenience. The content provided to users through the Services cannot be shared and this right of use can be revoked at will by Lyndsay Toensing. The information contained herein can only be used, linked, and shared by you in accordance with permitted fair use doctrines.
3. DISCLAIMER OF WARRANTIES & LIABILITIES
The materials we provide on our Services are provided on an AS IS and AS AVAILABLE basis with NO GUARANTEES made with respect to any results of any kind.
Lyndsay Toensing makes no express or implied warranties in connection with the Services, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions. Further, Lyndsay Toensing does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials accessed via the Services, or otherwise relating to such materials or on any sites that may be linked to the Services.
By accepting these Terms of Use, you agree that the use of Lyndsay Toensing Services, even if used as instructed, is only offered suggestively and cannot, to the maximum extent allowed by applicable law, result in any liability to Lyndsay Toensing.
4. LIMITATIONS ON DAMAGES
In no event shall Lyndsay Toensing, its partners, vendors, licensors, advertisers, or suppliers be liable for any losses or damages (including, without limitation, damages for loss of data or profit, or due to business interruption) you may incur arising out of the use or inability to use the materials or content provided through the Services, or any reliance placed by you on the completeness, accuracy, or existence of any advertising provided through the Services, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services, any permanent or temporary inaccessibility of the Services (or any features thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted by or through the Services.
These limitations on Lyndsay Toensing liability to you shall apply irrespective of whether Lyndsay Toensing has been advised of or should have known of the possibility of any such losses. In the event you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Lyndsay Toensing may only be liable for a sum equal to the fees paid by you for any Lyndsay Toensing products or services, training programs, or other content you may have purchased through the Services.
5. REVISIONS AND ERRATA
Lyndsay Toensing does not warrant that any of the materials or content on the Services are accurate, complete, or current. Lyndsay Toensing may make changes to the materials or content contained on the Services at any time without notice.
6. LINKS; USER GENERATED CONTENT; INDEMNIFICATION
a. Lyndsay Toensing has not reviewed all of the sites that may be linked to the Services and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked sites. The inclusion of any link does not imply any endorsement by Lyndsay Toensing of the site. Use of any such linked website is at the user’s own risk and you understand and agree that Lyndsay Toensing is not responsible for the terms of use, privacy policies, or security practices of any linked sites or third-party services, including, without limitation, the accuracy of content or availability of any goods or services on linked sites or third-party services.
b. Areas of our Services may allow you to post comments, likes, photos, videos, or other content (collectively, “User Generated Content”). Lyndsay Toensing is not responsible for the User Generated Content that individuals may post or display on or through the Services. However, once you post or submit your User Generated Content through or on our Services, you represent that you have all necessary rights, interest, and title to such Content and you grant Lyndsay Toensing a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, reproduce, adapt, modify, translate, publish, to publicly perform, display or distribute, to digitally transmit, store, or perform, such User Generated Content, and to further sell, modify, create derivative works from or to incorporate such Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you.
c. You agree to indemnify, defend, and hold harmless Lyndsay Toensing, its employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to: (i) your User Generated Content; (ii) your use of the Services; (iii) any violation of these Terms of Use; and/or (iv) any law or the rights of any third party.
7. TERMS OF USE MODIFICATIONS
Lyndsay Toensing may revise and update these Terms of Use at any time without notice. By using the Services, and continuing to access the Services, you are agreeing to be bound by the then current version of these Terms of Use.
8. GOVERNING LAW
Any claim arising under these Terms of Use shall be governed by the laws of the State of Washington without regard to any choice of law or conflict of law provisions. You covenant that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or controversy arising from either this Terms of Use or our Privacy Policy, and venue shall be proper in any such court.
If you access the Services from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Lyndsay Toensing makes no representation that materials on its Services are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
For residents of the European Union, if you have claims related to our handling of your “Personal Data”, we request that you please follow the complaint procedures that we outline in Section VIII of our Privacy Policy. We also recognize that certain member nations of the European Union and other non-European Union countries that may have jurisdiction over your access of the Services may have different dispute resolution procedures, and as such, we ask that you still contact us at LyndsayToensingCoaching(AT)gmail(DOT)com and inform us of your location and applicable jurisdiction, so that we may address your country-specific concerns as needed.
10. INTEGRATION
These Terms of Use along with the Privacy Policy constitute the entire understanding and agreement between you as the user of our Services and Lyndsay Toensing.
11. SEVERABILITY
If part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of either the Terms of Use or our Privacy Policy which shall remain in full force and effect.
12. PRIVACY POLICY
Lyndsay Toensing and LyndsayToensing.com respects your privacy and is committed to appropriate technical and organizational measures to safeguard any Personal Data you may share with us. We urge you to read our Privacy Policy in order to review and understand how we may process Personal Data and the rights you have regarding Personal Data you may provide to us.
13. TERMINATION
Lyndsay Toensing and LyndsayToensing.com reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Services as permitted under prevailing law. Lyndsay Toensing also reserves the right to block users from certain IP addresses and prevent access to the Services. The provisions in this Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability, and other provisions that by their nature may survive termination shall survive any termination.
