Reviewed/Updated: December 14, 2023
Terms and Conditions
BY VISITING LYNSEYRETZLAFF.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF LYNSEY RETZLAFF, LLC (HEREINAFTER "LYNSEY RETZLAFF").
OVERVIEW
This web page represents a legal document and is the Terms and Conditions ("Terms") for our website lynseyretzlaff.com ("Site"). By using our Site you agree to fully comply with and be bound by the following Agreement each time you use our Site. Please review the following terms carefully.
DEFINITIONS
Lynsey Retzlaff Consulting, LLC, Lynsey Retzlaff, or lynseyretzlaff.com ("Company," "we," or "us") respects your privacy and is committed to protecting it through this Privacy Policy. The term "Site" refers to lynseyretzlaff.com. The term "User," "you," and "your" refers to site visitors, customers, and any other users of the Site.
All text, information, graphics, design, photos, images, materials, documents, data, and intellectual property accessible on or offered through our Website or Services, are collectively known as our "Content" is our property and is protected by the United States intellectual property laws. On the Site, we provide information related to mental health and wellness (the "Service").
Use of the Site, including all materials presented herein and all online services provided by us, whether made available for purchase or not, is subject to the following Terms. These Terms apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You understand that the information presented in any course, resource, or program via this Site is not legal, financial, therapeutic, mental health, or medical advice. All of the information provided throughout the Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about mental health, business, health, and/or wellness-related information are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that Company does not and will not provide any form of diagnosis. Our Content is not a replacement for therapy, does not constitute as therapy, and does not replace or imply a therapeutic relationship. YOU AGREE TO NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU RECEIVED, CONSUMED, OR LEARNED ABOUT DURING THE PROGRAM.
INTELLECTUAL PROPERTY RIGHTS
The Site and/or Service contain intellectual property owned by Lynsey Retzlaff Consulting, LLC including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Lynsey Retzlaff name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Lynsey Retzlaff.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.
You are permitted to enjoy the content of our website for your personal, non-commercial use.
You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.
Our content, as found within our Site and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of our Site and Services does not grant you any ownership right to our Content.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to contact@lynseyretzlaff.com.
LIMITED LICENSE
We grant you a nonexclusive, nontransferable, revocable license to access and use our Site and Services strictly in accordance with this Agreement. Your use of our Site and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Site or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
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.
YOUR LICENSE TO US
You grant us a license to use the information and materials you post to our Site. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor content. You understand and agree that you will not be compensated for any Visitor Content. By posting Visitor Content on our Site or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.
ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Lynsey Retzlaff will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion.
LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime or for fraudulent purposes or which is racist, unethical, 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. Doing so is grounds for termination of service, at our discretion.
INFRINGEMENT NOTIFICATION
Lynsey Retzlaff respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email at contact@lynseyretzlaff.com.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Lynsey Retzlaff, Lynsey Retzlaff Consulting, LLC or lynseyretzlaff.com.
PRIVACY POLICY
Our Privacy Policy is considered part of this Agreement and available on this website. You must review our Privacy Policy by clicking on this link. If you do not accept and agree to being bound by these Terms, do not use this Site or our Services.
CHOICE OF LAW AND JURISDICTION
These Terms will be treated as if it were executed and performed in Waukesha, WI and will be governed by and construed in accordance with the laws of Wisconsin without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Site or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
DISPUTE RESOLUTION
Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Waukesha, WI, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Waukesha, WI necessary to protect the rights or property of you and us pending the completion of arbitration.
UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
LINKS TO OTHER WEBSITES
Our Site may from time to time contain links to third party websites. Inclusion of links for any website on our Site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Lynsey Retzlaff Consulting, LLC (and its affiliates will be listed here) has no control over the privacy practices of third party websites; you access any third-party websites at your own risk. 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. We recommend that you review the Privacy Policy and terms and conditions of those sites to fully understand what information is collected and how it is used.
ONLINE STORE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree to not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
Due to the digital nature of our products, we do not offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at contact@lynseyretzlaff.com and we’ll do our best to make things right.
You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: contact@lynseyretzlaff.com.
PRODUCT DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PAYMENT PLANS
Should you choose to purchase the Service/Program via one of our payment plan options at checkout, if available at the time of purchase (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged one time each month for the time frame selected upon checkout in order to complete your total payment.
If you choose the Payment Plan to purchase the Service/Program, you hereby authorize and give permission to Lynsey Retzlaff Consulting, LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Service/Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.
By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
Failed Payment Plan Payments / Re-charge procedures:
By signing up for the payment plan, your card will automatically be re-charged based on the Service/Program current payment plan conditions listed in check-out.
If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 2 day grace period to make your payment for the Service/Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 2 day grace period to update your card information with any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Service/Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 2 days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 2 days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Service/Program and no refund will be given.
When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Service/Program terms.
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 their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
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.
NO RESALE OF SERVICES PERMITTED
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without the Company’s prior written consent.
You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that Company has not authorized access to.
MODIFICATION OF THE SERVICES & PRICES
Prices for our services and products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
AFFILIATE LINKS
Company may provide on its website or via email affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.
NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.
INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, damages, injuries, delays, deaths, lost profits, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Site or Services.
SEVERABILITY AND SURVIVAL
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LYNSEY RETZLAFF, LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LYNSEY RETZLAFF, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LYNSEY RETZLAFF, LLC. CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, LYNSEY RETZLAFF, LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
No Warranty or Liability
The information presented on lynseyretzlaff.com is provided “as is” and “as available,” without representation or warranty of any kind. Lynseyretzlaff.com does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
You agree that lynseyretzlaff.com is not liable to you or others, in any way or for any damages of any kind, arising from the use of lynseyretzlaff.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this Site or any linked site, regardless of prior notice to our office.
Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Entire Agreement
This Agreement constitutes the entire agreement between you and Lynsey Retzlaff Consulting, LLC pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Lynsey Retzlaff Consulting, LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Lynsey Retzlaff Consulting, LLC.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly sent via email to contact@lynseyretzlaff.com.
Governing Law, Venue Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Wisconsin as applied to contracts that are executed and performed entirely in Wisconsin. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Waukesha, Wisconsin. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Assignment
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by posting these changes on our website. These changes will become effective immediately. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Site, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Questions about these Terms and Conditions? Email us at contact@lynseyretzlaff.com.