TERMS OF USE

ART OF SUGARING ADVANCED TECHNIQUES ONLINE  COURSE

Company referred to in this document is The Body Bungalow/Art of Sugaring

By checking the box next to these Terms of Use, and clicking the “Purchase” button, you, the purchaser of Art of Sugaring Advanced Techniques Online Course agree to purchase this item provided by The Body Bungalow/Art of Sugaring, a California Sole Proprietorship Company and agree to enter into this legally binding agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase Art of Sugaring Advanced Techniques Online Course, a digital product, from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.

PURCHASE DETAILS.

Art of Sugaring Advanced Techniques Online Course is an online advanced training course in Body Sugaring Hair Removal.

A. Customer understands and agrees this purchase includes (“Services”): 

A. Online video tutorials and instruction on body parts from brows to toes. 

B. Troubleshooting and tips 

C. PDF’s with tips - Not all modules have PDF’s

D. Certificate 

E. Transcripts

F. Mini SOP and Sales Script 

G. Social Media Group - Facebook

B. Customer understands and agrees this purchase does not include:

A. One-on-one private sessions

B. Done for your services

C. Free Services

D. Free Products. 

 Customer has done sufficient research to fully understand what is included in the Services and what is not included in the Services. Customer agrees to be bound by Company’s Disclaimer which is posted here: https://www.thebodybungalow.com/disclaimer-art-of-sugaring  

 PAYMENT.

 In consideration for the Services provided by Company to Customer, Customer agrees to pay Company a fee of $497.00. Customer agrees to make payment via Stripe. Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.

 Customer shall make payment in full prior to gaining any access to the Services.   

 If a Payment Plan has been offered by the Company to the Customer, Customer gives The Body Bungalow/Art of Sugaring permission to automatically charge Customer’s method of payment on file for all installment payments, at the time they are due, without any additional authorization. Payment plans are not offered at this time. 

  COMMUNICATIONS.

 Social Media Group - Facebook

 Customer will be granted access to a private group on social media as part of the Services. When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero tolerance policy and will immediately terminate Customer’s access if this provision is violated. 

NON-DISCLOSURE AND CONFIDENTIALITY.

 Customer understands that the Services include access to Company’s intellectual property, original work, trade secrets and other proprietary information, The Body Bungalow/Art of Sugaring’s Information, including but not limited to certificates, transcripts, SOP, sales scripts, PDF’s, techniques, documents, worksheets, written templates, modules, video recordings, audio recordings, strategies, technical information, verbal guidance and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law. 

 By participating in Art of Sugaring Advanced Techniques Online Course, customers may share private and confidential information with the Company and other customers in the group program. Company agrees not to disclose such confidential information to anyone not in the Group. Customer may authorize Company to disclose such information in writing. 

 A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.

 Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer. 

 Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

 INTELLECTUAL PROPERTY.

 Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Services, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer. 

 By purchasing Art of Sugaring Advanced Techniques Online Course, Customer is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content in the Services, for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Customer’s access to the Services, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law. 

TERMINATION.

Customer may terminate and discontinue the Services at any time, for any reason, by providing notice to Company in writing, subject to the terms of this Agreement, but no portion of payments already made will be refunded.

 If Company is unable to provide Services as outlined above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase. If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Services, at Company’s discretion. 

 REFUND POLICY.

Company’s refund policy is as follows: 

All purchases are non-refundable; because Company has committed its time and resources to working with Customer, no refunds will be given.  

Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy. 

 Customer further understands that if Customer cannot participate in the Services, all payments are still due under these Terms of Use. Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to the Services and an additional $100.00 fee to Customer. 

 TESTIMONIALS.

Company may request Customer to provide a testimonial on the Services. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

 If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES.

Customer is participating in the Services voluntarily and understands that Company makes no guarantees regarding Customer’s results with the Services. 

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Services. Customer agrees that Company is not responsible if there are errors or omissions in the Services.

 The Services are provided “as is,” and, except for the express warranties in these Terms of Use, are offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Services. The Services are intended for a general audience and are not in any way specific advice tailored to any individual. 

Customer acknowledges and agrees that the Services are designed to support Customer in reaching goals, but Customer’s success depends on many factors, including Customer’s motivation, consistency, practice, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile. Customer understands that these factors will impact Customer’s results. Customer acknowledges the Services offer guidance, direction and program materials but do not actually implement anything for Customer. Customer is responsible for producing all results.

DISCLAIMER.

NOT MEDICAL ADVICE.

Nothing in the Services is intended to constitute or should be relied upon as medical advice. 

Customer understands that Company is not a physician’s office, naturopathic physician’s office, licensed dietitian’s office, or other licensed or registered medical or healthcare professional’s office, and is not acting as such. Customer understands that Jill Helman and Sabrina Zellis are not physicians, naturopathic physicians, nurse practitioners, registered nurses, physician’s assistants, licensed dietitians, or other licensed or registered medical or healthcare professionals and are not acting as such. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness or medical condition, and nothing in the Services is intended to diagnose, treat, heal, cure or prevent any illness or medical condition.

Nothing in the Services is intended to be a substitute for consultation, diagnosis, treatment, or other medical advice from a licensed medical or healthcare professional, nor is it designed to provide Customer with a medical diagnosis, treatment, or other medical services. Customers are encouraged to consult with a licensed medical or healthcare professional regarding Customer’s specific situation before using any information in Company’s Services including, but not limited to breathing exercises, stretching techniques and body work exercises and making any health changes. If Customer chooses to implement any information in Company’s Services, Company will proceed with the understanding that Customer has obtained prior clearance from a licensed medical or healthcare professional who has determined that the information in Company’s Services is appropriate and useful for Customer. Whether or not Customer chooses not to consult with a licensed medical or healthcare professional before using the information in Company’s Services, Customer assumes all risk for any and all results. 

Company is providing services only in the capacity as Jill Helman is a Licensed Esthetician and Sabrina Zellis is a Certified Yoga Instructor to assist Customer in making changes to Customer’s lifestyle, not as a medical or healthcare professional. Customer acknowledges and agrees that Customer should never disregard any medical advice, stop taking medications, stop any treatments, or delay seeking professional medical or healthcare advice based on anything in Company’s Services. Coaching is in no way to be construed as healthcare or medical advice. 

NOT MENTAL HEALTH ADVICE.

Nothing in the Services is intended to constitute or should be relied upon as mental health advice. 

Customer understands that Company is not a psychologist’s office, psychiatrist’s office, therapist’s office, mental health practitioner’s office, or other licensed or registered mental health professional’s office, and is not acting as such. Customer understands that Jill Helman and Sabrina Zellis are not psychologists, psychiatrists, therapists, or other licensed or registered mental health professional and is not acting as such. Customer understands that Company does not diagnose, treat, heal, cure or prevent any mental or emotional condition, and nothing in the Services is intended to diagnose, treat, heal, cure or prevent any mental or emotional condition.

Nothing in the Services is intended to be a substitute for consultation, diagnosis, treatment, or other mental health advice from a licensed mental health professional, nor is it designed to provide Customer with a mental health diagnosis, treatment, or other mental health services. Customer is encouraged to consult with a licensed mental health professional regarding Customer’s specific situation before using any information in Company’s Services including, but not limited to participating in mediation exercises, setting boundaries with others, doing stress relief activities, exploring root causes, making any lifestyle changes. If Customer chooses to implement any information in Company’s Services, Company will proceed with the understanding that Customer has obtained prior clearance from a licensed mental healthcare professional who has determined that the information in Company’s Services is appropriate and useful for Customer. Whether or not Customer chooses not to consult with a licensed mental health professional before using the information in Company’s Services, Customer assumes all risk for any and all results. 

Company is providing services only in the capacity as Jill Helman is a Licensed Esthetician and Sabrina Zellis is a Certified Yoga Instructor to assist Customer in making changes to Customer’s lifestyle, not as a mental health professional. Customer acknowledges and agrees that Customer should never disregard any mental health advice, stop taking medications or stop any treatments, or delay seeking professional mental health advice based on anything in Company’s Services. Coaching is in no way to be construed as psychological counseling, therapy, mental health, or medical advice. 

NOT FINANCIAL, TAX, INVESTMENT OR LEGAL ADVICE.

Nothing in the Services is intended to constitute or should be relied upon as financial, tax, investment, or legal advice. 

Customer understands that Company is not an accounting firm, investment firm, financial advisor firm, law firm, or other licensed business professional’s office, and is not acting as such. Customer understands that Jill Helman is not an accountant, CPA, tax advisor, financial planner, lawyer, or other licensed or registered business professional and is not acting as such. Customer understands that Company does not provide investment recommendations, investment counseling, accounting services, tax, or legal advice. 

Nothing in the Services is intended to be a substitute for advice from a licensed business professional. Customer is encouraged to consult with a licensed business professional regarding Customer’s specific situation before using any information in Company’s Services including, but not limited to establishing a budget, making or changing investment strategies, creating a tax savings program, making purchases, taking out a loan, starting a business, creating business strategies, or changing or leaving a job. If Customer chooses to implement any information in Company’s Services, Company will proceed with the understanding that Customer has obtained prior clearance from a licensed business professional who has determined that the information in Company’s Services is appropriate and useful for Customer. Whether or not Customer chooses not to consult with a licensed business professional before using the information in Company’s Services, Customer assumes all risk for any and all results. 

Company is providing services only in the capacity as a Licensed Esthetician to assist Customer in making changes to Customer’s lifestyle, not as a business professional. Customer acknowledges and agrees that Customer should never disregard any financial, tax, investment, or legal advice or delay seeking professional financial, tax, investment, or legal advice based on anything in Company’s Services. Coaching is in no way to be construed as financial, tax, investment, or legal advice. 

Customer acknowledges and agrees that nothing in Company’s Services is a guarantee or promise of future earnings. The Body Bungalow/Art of Sugaring does not guarantee that Customer will obtain any results or earn any money using Company’s Content.

GENERAL DISCLAIMER, FULL DISCLAIMER INCORPORATED BY 

REFERENCE.

Company’s Services are intended to provide Customer with tools to implement and use in Customer’s own life for self-help, in the area of wellness, mindset, stress relief, marketing, systems in place, technique and skill, advanced training and education.

The Body Bungalow/Art of Sugaring does not guarantee that you will obtain any results using Company’s Services. Company’s role is to support Customer in reaching goals, but Customer’s success depends on Customer’s motivation, consistency, practice, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile. Customer acknowledges and agrees that any decision to use any information in Company’s Services is voluntary and at Customer’s own risk. Customer acknowledges and agrees that Customer is solely responsible for all results.

Customer has read, understands, and consents to be bound by Company’s full Disclaimer, located at https://www.thebodybungalow.com/disclaimer-art-of-sugaring, which is incorporated here by reference.

 ASSUMPTION OF RISK.

 Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Services may include participation in lifestyle strategies including diet, exercise, movement elements or financial, business or career strategies, which include inherent risks of harm, illness, injury and other negative results. Customer confirms that during participation in the Services, Customer will always have the opportunity to consult with a licensed medical professional, mental health professional or licensed business professional before acting on any content in the Services. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Services, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

 LIMITED LIABILITY, INDEMNIFICATION.

 Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from the Services or these Terms of Use, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to the Services or these Terms of Use.

GOVERNANCE.

 These Terms of Use 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, regardless of Customer’s location. The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Los Angeles County, California.

 DISPUTE RESOLUTION, LITIGATION EXPENSES.

Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Los Angeles County, California. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

 Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL

DAMAGES MAY BE AWARDED TO CUSTOMER.

If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

 ENTIRE AGREEMENT, WAIVER, MODIFICATIONS,

SEVERABILITY, ASSIGNMENT.

 Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Services, which is not specifically included in these Terms of Use is not included in the Purchase. 

 Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

 Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party. 

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

NOTICE.

All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent via the US mail, addressed as follows:

The Body Bungalow/Art of Sugaring

1601 - Pacific Coast Highway, #280

Hermosa Beach, CA 90254