Terms and Conditions

Melinda Lim, melindalim.com, and https://melinda-s-school-ad63.thinkific.com/ Terms & Conditions

 

Please read these Terms & Conditions carefully and in their entirety before using either melindalim.com, and https://melinda-s-school-ad63.thinkific.com/ Terms & Conditions

 (hereinafter collectively referred to as the “Sites”). The Sites and their content are owned by Melinda Lim.

 

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Sites and/or purchasing or downloading any course, program, service, or product offered on or by us or the Sites.

 

IMPORTANT NOTES: 

By using the Sites in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at [email protected]

 

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Sites or its content. By using the Sites, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

 

These Terms & Conditions contain a Dispute Resolution Clause and require you to dispute or resolve any claim with us through good faith meditation and, thereafter if we are not able to come to a mutually agreed upon resolution, through legal proceedings to take place in the State of Washington, District of Columbia, United States of America. The law of the State of Washington, District of Columbia, United States of America shall also apply to any legal proceedings. By agreeing to these Terms & Conditions, you agree to this Dispute Resolution Clause No.18 and voluntarily waive your right to a jury trial.

 

By proceeding on the Sites, you hereby agree to the following:

  1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Melinda Lim and their staff and our websites, melindalim.com, and https://melinda-s-school-ad63.thinkific.com/

 

“Content” means any and all written, visual, video, or audio information contained on the Sites, including, but not limited to, any and all emails received from Melinda Lim, their staff and, melindalim.com, and https://melinda-s-school-ad63.thinkific.com

, and any and all written or downloadable material purchased, viewed, or otherwise offered by Melinda Lim, their staff and on melindalim.com, and https://melinda-s-school-ad63.thinkific.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name and email address.

“Sites, Courses, Services, and/or Products” means melindalim.com, and https://melinda-s-school-ad63.thinkific.com

, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, websites materials, group programs, memberships, and/or templates available on the Sites.

“Sites” means melindalim.com, and https://melinda-s-school-ad63.thinkific.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Sites.

2. Consent:

By using the Sites and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.

By using the Sites and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Sites and their Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

3. Sites Rules:

By using the Sites and/or making any Purchase, you hereby agree & consent not to:

4. DISCLAIMER:

By using the Sites, you understand that we are an informational and educational company. Our Content is for informational and educational purposes only, and is based on our personal experience.

5. Your Consent to These Terms & Conditions:

By using these Sites, or Purchasing or Downloading from our Sites, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Sites, read or implement its Content, or Purchase or Download anything from us.

7. Links to Third-Party or External Websites:

The Sites may contain or include websites URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access websites that contain relevant information. 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 websites. You are responsible for reading and agreeing to, or expressing disagreement with, the external websites’ privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Sites and their Content are intellectual property solely owned by Melinda Lim. The Sites and their Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or Purchase the Sites, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Sites, 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 Sites, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Sites, Courses, Services, and/or Products very seriously.

You may not use the Sites, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By commenting on the Sites, or submitting documents to Melinda Lim and their staff via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Sites, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Sites to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the Sites & Its Content:

You must request and receive written permission by email before sharing our Sites and its Content for commercial purposes. You may share the Sites for personal purposes, but we ask that you link directly to the Sites. You are required to give us and the Sites credit by linking to the Sites and its Content if you share it on social media or your own websites, including all photographs. Since the Sites and its Content are not yours, you may not in any way imply or represent that the Sites or its Content are yours or that you in any way created, caused, or contributed to the Sites or its Content. You may not make any claims that you are in any way associated with Melinda Lim, unless you have discussed this directly with Melinda Lim such as you are a client of hers and would like to link to our Sites on your own website.

13. 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 his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

14. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Sites, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Sites, 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. 

15. Your Release of Us:

By using the Sites or Purchasing, Downloading, or using Melinda Lim’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Melinda Lim, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Sites and through our services. However, due to the complexity of the issues we cover, Melinda Lim does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Sites and/or from our services is accurate and up-to-date.

17. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Melinda and their staff at [email protected].

18. Dispute Resolution:

If you have any complaint or should any issue arise in the use of the Sites or Melinda Lim, their staff, Courses, Services, and/or Products, please contact us directly first by emailing Melinda at [email protected].

In no event will Melinda be liable to you for consequential or special damages. If a dispute arises out that cannot be resolved by mutual consent, You agree to attempt to mediate in good faith for up to 30 days after notice given. Jurisdiction and choice of law of any legal proceedings will be the State of Washington, District of Columbia, United States of America. 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this limitation of liability clause.

19. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Dakota, United States of America.

20. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Washington, District of Columbia or a state court located within the State of Washington, District of Columbia in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Sites, Courses, Services, and/or Products.

21. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Washington, District of Columbia for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Washington, District of Columbia.

22. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Sites, you may pay by Stripe or PayPal. By doing so, you give Melinda Lim, their staff’s permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect the installment or “pay over time” option at checkout, you agree that Melinda Lim, their staff’s has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout. You agree that it is your responsibility to keep Melinda Lim, their staff’s informed, via email, of any changes to your payment method. 

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. 

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Sites and its Content.

 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses or Services, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

 

23. Limitation of Liability:

Melinda Lim and their staff is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Sites, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

24. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Melinda Lim and their staff, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Melinda Lim and their staff and her business entity (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

25. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Sites, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

26. Entire Agreement

These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Sites, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Sites, Courses, Services, and/or Products.

27. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

28. Your Privacy & Security on the Sites:

Please read our Privacy Policy for how we handle your personal information. 

29. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

Last Updated: March 2022