Terms + Conditions

BY VISITING JULIENELIZABETH.COM, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

OVERVIEW

The term “we”, “my”, “me”, our”, “ours”, “us”, “Julien Elizabeth”, “Fork Life Moon LLC” refers to Julien Elizabeth, Fork Life Moon LLC and affiliated partners specified in promotional materials.

The term “Site” refers to julienelizabeth.com. The term “user”, “you”, “their” and “your” refers to site visitors, customers and any other users of the site.

Julien Elizabeth provides a blog where users can read articles on healthy living, cooking, yoga, astrology, lifestyle and becoming a vibrant human, and a service where users may purchase coaching sessions, coaching packages, astrology readings, cleanses, digital products, yoga instruction, workshops and retreats related to healthy living (the “Service”).

Use of julienelizabeth.com, including all materials presented herein and all online or in-person services provided by Julien Elizabeth, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all over users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE & SERVICE

Information provided on the Site and in the Service related to health living, cooking, yoga, and becoming a vibrant human and other information are subject to change. Julien Elizabeth makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Julien Elizabeth disclaims all liability for any inaccuracy, error or incompleteness of the content.

ACCOUNT CREATION

In order to use the service, you are required to provide information about yourself including your name, email address and other personal information. You agree that any information you give to Julien Elizabeth will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or any email address other than your own. If creating an account, it 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.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or initiated via the Site. You agree to use the Site and to purchase services or products there the Site or initiated via the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is 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.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, coaching session, person or entity, without the obligation to assign reason for doing so. No order or coaching session is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order or coaching service and with details concerning product delivery or scheduling our session. In the event that there is an error in this email conformation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

All sales of digital products downloadable upon confirmation of purchase are final. All live workshops, courses, coaching sessions, yoga classes, and trainings being given during a specific time period are eligible for refunds for up to 7 days prior to the first day of class or initial session and 24-hours from the first day of class or initial session. After that time period has passed, no refunds will be given.

All live retreats are eligible for refunds less the non-refundable deposit if cancellation occurs 60-days before retreat start date. No refunds within 60-days of the retreat start date. Registrant may qualify for an early cancellation refund if there are extraneous circumstances or their spot in the retreat is filled by another attendee. Travel insuance is recommended for all retreats.

Julien Elizabeth requires 24-hours notice prior to cancelling a coaching or yoga session or else cost of session is owed. Upon cancellation a new session must be scheduled. Julien Elizabeth will accept up to one (1) cancellations and two (2) schedule changes.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, 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 or coaching session with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other form resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Julien Elizabeth. You retain copyright and any other rights you may rightfully hold in any content, which you submit through the Service. Content you submit to Julien Elizabeth remains yours to the extent that you have any legal claims therein. By submitting an order or scheduling a coaching session, you agree to hold Julien Elizabeth harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Julien Elizabeth, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. 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 or Service content, in whole or in part without prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of my Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

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, Julien Elizabeth 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 Julien Elizabeth 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 Julien Elizabeth’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Julien Elizabeth, and if no purchase has been made by you, Julien Elizabeth’s cumulative liability to you shall not exceed $100.

PARTY RESOURCES

The Site and Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Julien Elizabeth. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees arising out of any breach by you or any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and sub paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT / WAIVER

This agreement constitutes the entire agreement between you and Julien Elizabeth pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between you and us. No waiver of any of the provisions of this Agreement by Julien Elizabeth shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Julien Elizabeth.

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Julien Elizabeth
P.O. Box 291153
Los Angeles, CA 90027

GOVERNING LAW / VENUE / MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Los Angeles County, California. 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 any 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 responsible attorneys’ fees and other costs incurred in the action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

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.

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, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Updated: December 2021