Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by Dr. Lynda Barnes Consulting, LLC (sometimes referred to as “Company”). Before you use or browse through this website in any manner, you are agreeing to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, do not use or subscribe to our services or place an order with www.drlyndabarnes.net. We reserve the right to change the terms of this agreement in the future and any changes will apply to your use of the website after the date o By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated:

Dr. Lynda Barnes Consulting, LLC (hereinafter referred to as “Company”, “we”, “our”, or “us”), provides the website www.drlyndabarnes.net (the “site”), including all information, documents, communications, videos, files, images, text, graphics, software, software applications and products available through the Site (collectively, the “Materials”) and all services operated by the Company and third parties through the Site including course programs, educational content, videos and tutorials, business marketing services, advertising, promotional among other services (collectively the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use” or “Agreement”).

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter payment information, whichever is earliest.

If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

All program content, information, materials, files, communications, documents, text, videos and images are referred to collectively as “Program Content.” “Our Content” or “Company Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site, and we may refer to all Site users as “you” or “your/s” in this Agreement.

The Company may, at its sole discretion, require Users to create accounts in order to access or to make use of the Site, Materials and/or Services and in that event, you will need to register and create a user account (an “Account”).  

  

We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

 

In addition to the Materials and Services offered by us, this Site may also make available materials, links, information, products and/or services provided by Related Entities (collectively, the “Related Entity Products and Services”). The Related Entity Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Related Entity Products and Services. You agree that you will not hold us responsible or liable with respect to Related Entity Products and Services or seek to do so, even if we recommended a particular Product or Service. You further understand and agree that all dealings with a Third Party accessed through the Site is at your own risk. We are not a party to any transactions between you and any other Entity accessible through the Site.

 

Only where expressly indicated on this Site may the User download our Program Content and in such circumstances where permitted, it will be subject to the following conditions:

Our Content may be used solely for personal purposes. You may not commercially exploit any of the Site content without express permission from us.

 

You will not resell, re-distribute, or export any product or service that you order from the Website.

 

You may not remove any copyright or other proprietary notices contained in our Program Content.

 

We reserve the right to revoke the authorization to view, use and download our Program Content available on this Site or any portion of them at any time, and any such use shall be discontinued immediately upon notice from us.

 

The rights granted to you constitute a license and not a transfer of title.

 

The rights specified above to view, use and download Program Content available on this Site are not applicable to the design or layout of this Site. 

You understand and agree that by purchasing any Programs, Courses or other Materials through the Site, the Company will charge your provided credit card for the amount of the Program. By purchasing any Materials you expressly authorize us and our partners and affiliates to charge your credit card in accordance with your order and in accordance with this Agreement, our Service Agreement, and/or any other applicable policies on our Site.

 

Failure by Client to use the Materials available through the Services provided by Dr. Lynda Barnes Consulting, LLC does not relieve the User of their payment obligations.

 

Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased and therefore authorize the automatic payment collection terms applicable to that specific service.

 

We may require additional information regarding your order if any requested information was missing or inaccurate, and may cancel or limit an order at any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at info@drlyndabarnes.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

 

All items are subject to availability. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion. Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

 

Company reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Company starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.

We reserve the right but do not have the obligation to: (a) monitor the Site for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; (c) terminate and delete Accounts (including information stored in connection with accounts) without liability to you; and (d) to otherwise manage the Site in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Site.

 

You agree not to use or attempt to use the Website, products, or programs in any unlawful manner or a manner harmful to Dr. Lynda Barnes Consulting, LLC. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website refraining from:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Provider’s reputation; hacking and other digital or physical attacks on the Website; and the violation of rights of Dr. Lynda Barnes Consulting, LLC or any third party;

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation to postings on social media or third party blogs) will be deemed a material threat to Provider’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with all local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation to postings on any website operated by you, social media or blogs, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

D. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs, or infringing or promoting the infringement of the intellectual property rights of another.

 

You agree that you and your business will only use Company products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT 

 

(I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; 

(II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; 

(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS WILL MEET YOUR EXPECTATIONS; AND 

(V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

 

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT COMPANY CANNOT GUARANTEE RESULTS OR OUTCOMES OF ANY PROGRAMS, ADVICE, COURSES OR OTHER MATERIALS OFFERED THROUGH THIS SITE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others.

Dr. Lynda Barnes Consulting, LLC is pleased to hear from users and customers and welcomes your comments regarding our services and products. Company may use testimonials and/or product reviews in whole or in part together with the name and location of the person submitting it. Testimonials may be used for any form of activity relating to Dr. Lynda Barnes Consulting, LLC’s services or products, in printed and online media, as the Company determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and clients submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Business’ results will vary depending upon a variety of factors unique to your business and market forces beyond our control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Company a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Company shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

IN NO EVENT SHALL COMPANY OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY AND LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY TO YOU FOR THE RESULTS OF THE USE OF PROGRAM MATERIALS ACQUIRED THROUGH USE OF THE SITE/APP OR FOR ANY PERSONAL OR PECUNIARY INJURY RESULTING FROM SUCH SERVICES PROVIDED BY THE SITE/APP EXCEPT WHERE OTHERWISE AGREED TO IN A SIGNED WRITING. YOU UNDERSTAND THAT THE COMPANY MERELY OFFERS BEST PRACTICE NUTRITIONAL, NATURAL HEALTH, MARKETING AND PROMOTIONAL ADVICE AND TECHNIQUES AND THAT IT TAKES NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO YOUR SPECIFIC OUTCOMES THROUGH USE OF SUCH MATERIALS ACQUIRED BY USING THE SITE/APP NOR DO WE POSSESS ANY SPECIFIC CREDENTIAL, CERTIFICATION OR LICENSURE WITH RESPECT TO ANY FIELD OR INDUSTRY DISCUSSED WITHIN OUR MATERIALS. YOU FURTHER UNDERSTAND AND AGREE THAT PROGRAMS, MATERIALS OR SERVICES ACQUIRED THROUGH THE SITE MAY FROM TIME TO TIME BE PROVIDED TO YOU BY THIRD PARTY INDEPENDENT CONTRACTORS. WE DO NOT HAVE LEGAL CONTROL OVER THESE INDIVIDUALS AND THEY ARE NOT OUR EMPLOYEES.

 

THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. COMPANY ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR FUNCTIONALITY OF ANY NON-JAXX PRODUCTIONS WEBSITE TO WHICH WE PROVIDE A LINK.

You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, or transmit through the Site, your use of the Site or our applications, torts or damaged (whether physical or otherwise) caused by you, your connection to the Site or our applications, your violation of these Terms of Use or any end user license agreement or your violation of any rights of another person or entity.

This Agreement is governed by and construed in accordance with the internal laws of Florida, USA without giving effect to any choice or conflict of law provision or rule. You agree that any dispute, claim or controversy arising out of or relating to your use of the Site or Services, these Terms or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.This “Dispute Resolution” section will survive any termination of these Terms.

 

In order to prevent or limit irreparable injury to Dr. Lynda Barnes Consulting, LLC, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Company or a third party, Dr. Lynda Barnes Consulting, LLC shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction. The arbitration proceedings shall take place in Orlando, Florida, USA.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

All information communicated on the Website is considered an electronic communication. When you communicate with Dr. Lynda Barnes Consulting, LLC through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.