Terms of Use

BY VISITING FERNZWELLNESS.COM
YOU ARE CONSENTING TO OUR TERMS OF USE.

General

This website (the “Site”) is owned and operated by Megan Fernz “MeganFernz.com” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

This Site and all its contents, which are owned by us and/or our affiliates or licensors, are safeguarded by copyright, trademark, and other intellectual property laws. The Site is intended solely for your personal, non-commercial use. You are not permitted to use the Site or its contents in any way that infringes upon our rights or without our explicit authorization. Specifically, unless otherwise stated in these Terms of Service or authorized by the material's owner, you may not alter, duplicate, reproduce, publish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any material from the Site, whether by email or any other electronic means. However, you may occasionally download and/or print one copy of individual Site pages for your personal, non-commercial use, provided you retain all copyright and other proprietary notices intact.

Your Permission to Us

By submitting any material (including comments, photos, and videos) to us via the Site, you warrant that: (i) you either own the material or are submitting it with the explicit consent of the owner; and (ii) you are at least thirteen years old. Additionally, by submitting or posting any material, you grant us and our authorized representatives a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, through any manner or medium, now known or developed in the future, for any purpose. This license includes the right to exploit any proprietary rights associated with the submission, including but not limited to rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction.

Furthermore, by exercising these rights, you authorize us and our representatives to identify you as the author of any of your submissions by name, email address, or screen name, as we deem appropriate. You acknowledge that while we have the right, we are not obligated to utilize or display any submissions of any kind, and we reserve the right to cease using and displaying any such materials (or any part thereof) at any time and for any reason.

Disclaimers

Throughout the Site, we may provide links to third-party websites. Our linking to such sites does not indicate endorsement or sponsorship of those sites, or of the information, products, or services offered through them. We and our affiliates do not control any information, products, or services provided by third parties through the Site or linked websites. Any opinions, advice, statements, services, offers, or other content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of our company. We do not guarantee the accuracy, completeness, or usefulness of any content provided by third parties. Furthermore, we do not endorse or guarantee the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than an authorized representative acting in their official capacity.

The information, products, and services offered on or through the Site, as well as those provided by our company and any third-party sites, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the Site, including bulletin boards or the servers making it available, are free from viruses or other harmful components. We do not warrant or represent the correctness, accuracy, timeliness, reliability, or any other aspect of the use of the Site or materials on it, or on third-party sites.

You agree to defend, indemnify, and hold our company, its affiliates, successors, transferees, assignees, licensees, parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees harmless from any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising from or related to your breach of any obligation, warranty, representation, or covenant set forth herein.

Online Transactions

Certain sections of the Site may enable you to purchase various products and services provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. When you make a purchase from a merchant on the Site or through a site linked to by the Site, both the merchant and we may collect information obtained during your visit and transaction. Merchants may have privacy and data collection practices different from ours, and we are not liable for these policies. You release us and our affiliates from any damages you incur and agree not to assert any claims against us or them arising from your purchase or use of any products or services made available by third parties through the Site.

Your dealings with any third party found on or through our Site, including payment and delivery of specific goods and services, and any associated terms, conditions, representations, or warranties, are solely between you and that third party. You agree that our company shall not be liable for any loss, damage, or other matters arising from such dealings.

You are financially responsible for all purchases made by you or anyone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through it for legitimate, non-commercial purposes only. You agree not to make any purchases for speculative, false, or fraudulent purposes or to anticipate demand for a particular product or service. You agree to purchase goods or services only for yourself or for another person for whom you are legally authorized to do so. When making a purchase for a third party that requires you to submit their personal information to us or a merchant, you represent that you have obtained the express consent of that third party to provide their personal information.

Currency

All sales are billed in USD as required by law.

Refund Policy

Refunds are not available for coaching due to the customized nature of the work.

Refunds are not available for digital products.

Refunds are not available for live events or workshops.

If you have a question about the refund policies, please email

megan@fernzwellness.com.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: megan@fernzwellness.com

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY.

Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

Copyrighted by Megan Fernz. ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Megan Fernz.(www.MeganFernz.com).

Effective date: May 10th, 2024