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Terms

TERMS OF USE

Thanks for visiting MamafuelTM on Kajabi.  

Below is some important information for all visitors and customers, especially if you are purchasing anything from this site, signing up to the newsletter, attending any MamafuelTM events or workshops, virtual or in person, or using any of the recommendations therein in your life.

Use of MamafuelTM's Kajabi site and other services

The information below are the terms and conditions of use of MamafuelTM web site (from here, “MamafuelTM web site”), newsletter, videos, audio recordings, classes, workshops, retreats, meditations, programmes and other services (from here, “MamafuelTM services”). If you are accessing, viewing or using the MamafuelTM web site or any MamafuelTM service in any way, you acknowledge that you have read, understand and consent to these conditions.

The MamafuelTM is a brand operated by Citrina Sàrl, a company founded and directed by Anne Ferguson. These terms and conditions of use for all MamafuelTM services constitute an agreement between you, the user of MamafuelTM services, and Citrina Sàrl (operating under the brand MamafuelTM).

As much as possible, information will be kept up-to-date. However Citrina Sàrl reserves the right to amend these terms and conditions, along with the web site contents, at any time. If you notice anything that needs updating, please contact us at [email protected].

Health and Well-Being Disclaimers

MamafuelTM is about mothers’ wellbeing, and some parts of certain programmes may involve some gentle forms of exercise. All exercise involves a risk of personal injury, including a small risk of serious injury or death. By using any MamafuelTM service you agree to take responsibility for your health and well-being as relates to MamafuelTM services. If you have any questions about whether you should begin or continue any kind of physical practice, please consult a doctor before beginning to use any MamafuelTM services.

MamafuelTM takes pride in its dedication to sharing safe and effective health and wellbeing practices. However, Citrina Sàrl (via MamafuelTM) cannot take responsibility for guaranteeing that you will not suffer from any injury arising directly or indirectly from your use of MamafuelTM services, nor that your health and/or wellbeing will measurably improve as a result of using MamafuelTM services. To the maximum extent permitted by applicable law, Citrina Sàrl excludes all representations, warranties, undertakings and guarantees relating to MamafuelTM services.

Data protection

When you sign up to receive any information from MamafuelTM (i.e. newsletter, updates, course information or any other news) or your information is otherwise collected by MamafuelTM, rest assured that Citrina SàRL (via MamafuelTM) observes the provisions of Swiss data protection legislation in entering and processing personal data. In particular, your name, address or email address is only ever collected, as far as possible, on a voluntary basis, and access to the use of offers and services, is, wherever possible, given without the requirement to reveal personal data. Your personal data will never be sold or otherwise shared in any way with a third party.

Please contact us if you have any questions about our Privacy & Security policy or the manner in which we treat your personal information, or to withdraw your name from an email or other marketing list. If you wish to update or access information we hold about you, please email us at [email protected] or write to us at Citrina SàRL, 32A Chemin des Verjus, 1212 Grand-Lancy, Switzerland. In order to protect your privacy we will need to verify your identity before granting access or altering the information we have.

Copyright

This web site and its content, and all the information and material on it, as well as the information, material and content of all MamafuelTM services, are copyright protected. MamafuelTM services are provided so that you may use the content, information, and material only for your personal, non-commercial use. If you ever choose to share information, quotes or images found on the MamafuelTM web site, blog or other MamafuelTM communications, please follow these steps:

1.    Give credit where credit is due (this means writing “this information originally appeared on www.mamafuel.me”).

2.    If you share a quote, clip or excerpt from the MamafuelTM web site, including and especially the blog/vlog, then please include a link to the original post and credit “courtesy of www.mamafuel.me”.

As a general rule, please make sure to always give full credit to MamafuelTM. When you use or reproduce MamafuelTM copyright information, materials or content, you are consenting to these terms and conditions.

Any use of the content or information or materials, such as reproduction or distribution, in full or in part, including or without changes, for purposes beyond personal non-commercial use, is prohibited without prior permission.

All property rights remain with Citrina Sàrl.

Please don’t use tools designed to systematically or automatically access, index/and or transmit any MamafuelTM. This is prohibited and Citrina Sàrl reserves the right to take action against anyone doing this.

Wherever MamafuelTM uses content created by others on this web site and in MamafuelTM services, the original source of the material and the owner of the original property rights is clearly indicated. Should you nevertheless become aware of a possible copyright infringement on this web site or in any of the information, materials or content of any of our services, please do not hesitate to contact us. We will take action immediately to remove or rectify any copyright infringements.

Liability for content

Citrina SàRL endeavours to create MamafuelTM services that are useful for you, and to the best of our ability we seek to maintain the most up-to-date and accurate information, materials and content. Of course mistakes can happen. We cannot guarantee that by the time you come to look at this web site or use MamafuelTM services, everything is going to be absolutely accurate, complete and still up-to-date. Please be mindful of your own responsibility to ensure the accuracy, completeness, timeliness and relevance of the services you use, and how you use them.

Citrina Sàrl cannot assume any liability (neither express nor implied) for the accuracy, completeness and timeliness of the information provided via MamafuelTM services, although naturally we take all due care in providing such services. To the maximum extent permitted by applicable law, Citrina Sàrl excludes all liability (including negligence) for damages that may result from access to or use, either directly or indirectly, of our MamafuelTM services.

Unfortunately, Citrina Sàrl cannot provide guarantees about this web site always working when everyone needs it to, nor about the servers we use and their ability to keep us safe from viruses or other such things that might damage our computers when we access this web site. So please be aware we are all using this web site at our own risk.

Liability for third party information

Sometimes in providing MamafuelTM services, including on this web site and in MamafuelTM programmes, newsletters and other services, there will be information, links and other references from third parties and/or web sites. Citrina Sàrl cannot assume any responsibility for the accuracy, completeness, and legality of the contents of third party web sites, offers or services. If you find any of these links or references are out of date, or lead somewhere they shouldn’t, please contact [email protected] and we will make updates as quickly as possible.

 

IN MORE LEGAL TERMS:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Citrina SARL (which includes http://www.mamafuel.me and http://mamafuel.mykajabi.com among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.

By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Citrina SARL, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Mamafuel”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of Geneva, Switzerland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Geneva, Switzerland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: August 14, 2017

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