Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
Abby Beth Carter owns and operates this website and any other web services offered by Abby Beth Carter now or in the future, including, but not limited to, its related social media platforms. By accessing, using, downloading, viewing this website or any of its services, resources, Content (defined below), and/or your purchase of any of our offerings, you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use govern your use of the Site and other materials and resources we make available on this Site. These Terms constitute a legally binding agreement made by and between Abby Beth Carter and the user of this Site.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to these Terms and to follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us by email at abby@abbybethcarter.com.
ABBY BETH CARTER IS NOT A MEDICAL SERVICE
ABBY BETH CARTER IS COMMITTED TO YOUR PERSONAL WELL-BEING AND HEALING, HOWEVER, WE ARE NOT A PROFESSIONAL MENTAL HEALTH ORGANIZATION AND CANNOT PROVIDE YOU WITH PSYCHOLOGICAL OR PSYCHIATRIC COUNSELING, MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED ON THE SITE OR SERVICES OR OUR OPINIONS/RECOMMENDATIONS OFFERED BY ABBY BETH CARTER SHOULD BE CONSTRUED AS ANY FORM OF OR SUBSTITUTE FOR SUCH MEDICAL, PSYCHOLOGICAL ADVICE OR DIAGNOSIS. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A MENTAL HEALTH PROFESSIONAL OR PHYSICIAN FOR SUCH AN EVALUATION. ABBY BETH CARTER’S METHODOLOGY MAY NOT BE RIGHT FOR YOU AND MAKES NO COMMITMENTS OR GUARANTEES OF ANY KIND THAT ANY PART OF THE PROGRAM OR YOUR USE THEREOF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
1. Content on Our Site
Intellectual Property Rights. You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, training materials, products, services and/or other information and materials, and selection and arrangements thereof is copyrighted work under the United States and other copyright laws, and is the property of or licensed by Abby Beth Carter.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Abby Beth Carter, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
Third-Party Venues. The onsite classes and programs available on our Site are held at venues that operate independently and have entered into agreements with us to provide the services available to you on the Site. YOU AGREE TO ASSUME ANY AND ALL RISKS CONNECTED WITH ONSITE CLASSES AND PROGRAMS WITH ABBY BETH CARTER.
2. Engaging with our Site
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Abby Beth Carter, our affiliates and/or our business partners.
3. Privacy Policy
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Abby Beth Carter’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy here.
4. Terms of Sale
Through Abby Beth Carter, we are pleased to offer you our intuitive offerings, classes, and programs. Please review the Terms of Sale carefully and make sure you understand them before registering because they contain important and relevant information regarding pricing, payment processing, and cancellation terms.
Availability and Pricing. Abby Beth Carter reserves the right to change the price of the Services at any time. We reserve the right to refuse Services for any reason.
Payment. We use services provided by Stripe Inc. (“Stripe”) and PayPal Inc. (“PayPal”) to process payments for this Site. By accessing and using the Site for payments, you consent to Stripe’s or PayPal’s (as applicable) then-current terms of service.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of any applicable taxes related to your purchases. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
No Refund Policy. There are no refunds for any offerings, sessions or services, unless we cancel on our end due to illness, emergency, or other reason. We are always happy to reschedule you up to 24 hours before your session.
Questions? If you have questions, please contact us at:
Abby Beth Carter
5. Disputes
Subject to applicable law, you and Abby Beth Carter agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Abby Beth Carter in any way will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at abby@abbybethcarter.com to provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
6. Indemnification
You hereby agree to indemnify, defend and hold Abby Beth Carter harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees.
7. Warranties and Disclaimers
YOU AGREE THAT YOUR USE OF THE SITE OR SERVICES SHALL BE AT YOUR SOLE RISK.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
8. Termination
Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: abby@abbybethcarter.com.
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Abby Beth Carter and govern your use of the Site and Services and supersede any prior agreements between you and Abby Beth Carter on the subject matter. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by Abby Beth Carter from the United States of America. Abby Beth Carter makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.