Privacy Policy, Disclaimer and Terms

Disclaimer

Any advice or guidance from Nicole Harlow and youryearofradicaltransformation.com is not intended to diagnose, prescribe, treat, or cure any disease, physical or mental.

The use of any of these suggestions or guides should not be construed as a prescription, a promise of benefits, claims of cures, or a guarantee of results to be achieved.

The information, instruction or advice given by Nicole Harlow is not intended to be a substitute for competent professional medical or psychological diagnosis and care. You should not discontinue or modify any medication presently being taken pursuant to medical advice without obtaining approval from your healthcare professional.

 

TERMS OF USE

Effective Date: August 5, 2015

 

Your access to and use of Nicole Harlow, POP Fizz, Inc.’s website, accessible at www.youryearofradicaltransformation.com and www.yyort.com, is governed by this Terms of Use agreement.  By accessing and continuing to use this website you accept and agree to be bound by the Terms of Use (which may change from time to time).  If you do not agree to these Terms of Use, you should not access or use this website.

 

Overview

The terms “we,” “us,” and “our” refer to POP Fizz, Inc.  (“Company”). The terms “website, “ or “site” refers to www.youryearofradicaltransformation.com and www.yyort.com. The terms “user,” “you,” and “your,” refers to website visitors, customers, clients and any other users of the website.

 

The services provided by Nicole Harlow, POP Fizz, Inc. include yoga classes, meditation, coaching, emotional support, education, and other website resources are referred to as the “Service.”

 

To access and use this website you must be 18 years old or older and have the power and authority to enter into this Terms of Use Agreement. Children under the age of 18 are prohibited from using the site.

 

Your use of the Site

Your use of the Site is intended for personal, noncommercial use only. By accessing or using the Site, you agree to comply with all applicable local laws. Except in instances where we have given you specific, express permission, you may not use, reproduce, distribute publicly, display publicly, perform, publish, transmit or create derivative works from, or otherwise unlawfully use any content on the Site.

 

You may not use any features of this Site that permit communications or postings, to post, transmit, display, or otherwise communicate any of the following:

 

·      Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

·      Any advertisement, solicitation, spam, chain letter, or other similar type of information;

·      Any encouragement of illegal activity;

·      Unauthorized use or disclosure of private, personally identifiable information of others; or

·      Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

 

Site Content and Disclaimer

We make no representations or warranties that the information provided on this website, regardless of its source, (“content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the content.

 

This website is an educational and informational resource to educate visitors on health and wellness, and is not a substitute for working with a physician, licensed mental health professional or other professional. We cannot guarantee the outcome of following the recommendations provided in any statements made on this Site regarding the potential outcome of any given situation.  The recommendations presented on this Site are expressions of our opinion only.

 

There are no guarantees made by us about the information and recommendations.  By continuing to use this website you acknowledge that we have not made any guarantee or any particular result. Therefore, following any information or recommendations provided on this website should be relied upon at your own risk.

 

Intellectual property

We own the content on the Site, including, but not limited to written content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, principles, downloadable publications, downloadable products, sounds, music, sales copy, advertising copy, website layout, website design, any and all derivative works or enhancements of the content, the compilation, assembly and arrangement of the copyrightable material on this site, and all intellectual property rights to the Content, including derivative works enhancements compilations assembly and arrangements, unless otherwise expressly stated on the site. By accessing or using the Site and/or Content you do not acquire any right title or interest in the Site or the Content.

 

Nothing in this Terms of Use shall be construed as granting you a license or right to use our trademarks, service marks, logos, slogans or taglines displayed on the Site.

 

Third party links

This website may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability of, accuracy, content or policies of any third-party websites or resources. If there are links to other websites and resources, that does not imply that we are in any way endorsing or affiliated with those third parties. You acknowledge and accept sole responsibility for and assume all risk arising from your use of any other websites or resources.

 

Disclaimer of warranty

YOU UNDERSTAND AND AGREE THAT THE SITE, IT’S CONTENT, AND THE INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE WEBSITE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THEY MAY RESULT FROM ACCESSING, USING OR DOWNLOADING ANY MATERIAL OR PRODUCT FROM THIS WEBSITE. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR THAT YOUR USE OR ACCESS TO THE WEBSITE OR IT’S CONTENT WILL BE ERROR-FREE OR VIRUS FREE. THESE DISCLAIMERS OF WARRANTY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, THESE LIMITATIONS OF WARRANTIES ARE NOT PERMITTED AND MAY NOT APPLY TO YOU.

 

Liability limitations

You agree that we shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this Site, regardless of whether such liability is based in tort, contract, or otherwise.

 

In no event, including, without limitation, a negligent act, shall we, or any of our providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this Site or any other products, services, or information offered, sold, or displayed on this Site, your use of, or inability to use, this Site generally, or otherwise in connection with these Terms of Use, regardless of whether we, or any of our providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

Affiliate links disclaimer

Some of the links contained in this website may be affiliate links.  This means that we may receive a commission if you click on the link and make a purchase from the affiliate.  We only recommend products and services known and trusted by us, whether an affiliate relationship exists or not.

 

Indemnification

You agree at all times to indemnify, defend, and hold harmless Consultant, and any affiliates, agents, employees, successors, assignees, associates, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related in any way to your use of the Site, or breach of any obligation, warranty or representation set forth in these Terms of Use.

 

Controlling law & jurisdiction

This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Pennsylvania, and in the event of any dispute arising in relation to this Agreement or any dispute arising in relation to the Site whether in contract or tort or otherwise the State of Pennsylvania courts will have exclusive jurisdiction over the dispute, unless mandatory applicable laws require otherwise.

 

Entire agreement

This Terms of Use Agreement constitutes the entire agreement between Consultant and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Consultant with respect to this website.

 

A printed version of this Terms of Use Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Terms of Use Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Consultant solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

Use of or copying from this site is subject to our Terms of Use.

 

PRIVACY POLICY

Effective date:  August 5, 2015

 

POP Fizz, Inc. is committed to respecting your privacy choices and being transparent about what information we collect from you and how we use that information. We do not share, sell, license, trade, or read your personal information to others except in the ways explained in this privacy policy.

 

The purpose of this privacy policy is to help you understand:

 

⇒   Why we collect personally identifiable information;

⇒   What personally identifiable information we collect;

⇒   How we use that information, including how the information is stored and whether we share the information with third parties; and

⇒   Your choices regarding our collection, use and distribution of your information

 

Your consent to this privacy policy

By using this website you consent to the terms of this Privacy Policy.

 

What information does Nicole Harlow, POP Fizz, Inc. collect?

We collect two types of information personally identifiable information and anonymous information.  Generally speaking, you can visit this website without identifying who you are or revealing any information about yourself.

 

Personally identifiable information is information that specifically identifies a particular user such as name, email address or phone number.

 

Anonymous information is information that cannot be connected to the identity of a specific individual. For example, a site may record the number of visits to a particular page that occur in a given period of time, but that does not necessarily provide the names or other identifying information of each visitor.

 

When you subscribe to our newsletter, place an order for our services, or enroll in one of our courses, we collect certain information to process your request for information and/or services.

 

What are cookies and how are they used?

Cookies are small data files, typically made up of a string of text, that assign you a unique identifier. This information enables our website to receive information from your computer to provide a more tailored and user-friendly experience for you.  For example, if you login to our site we may be able to personalize your experience by recognizing your name when you return to the site, save your login and your password, or enable a shopping cart. Our newsletters may use cookies to measure the effectiveness of our marketing efforts (for example, tracking the clicks on the links in our emails and newsletters) or we may use cookies to determine the number of times website visitors have accessed a particular area or page on the website. Most web browsers have a function that allows you to delete existing cookies on your device or you can set your browser option so that your device does not receive or except cookies.

 

How does Nicole Harlow, POP Fizz, Inc. use the information collected?

 

Non-personally identifiable information

We may use non-personally identifiable information, like data about the most visited site pages or the duration of certain site page visits that are not tied to a specific site user, to maintain, improve, and protect our site and our product and service offerings.

 

Personally identifiable information

When you sign up for our newsletter, we use the name and email address that you provided to subscribe to our newsletter and/or our email list. We will send you periodic newsletters and/or emails. We store the name and email address that you provided in an SSL encrypted database.

 

When you purchase a digital product or our services we use the personal information you provide to process the transaction and deliver your digital product and/or service, and to provide you customer service as necessary. We store this information in an SSL encrypted database.

 

Community Forum (Facebook Group)

Our website offers a publicly accessible community forum. You should be aware that any information you provide in this area may be read, collected, and used by others who access them. To request removal of your personal information from our community forum, you may email us at spiritedentrepreneur@gmail.com. We may or may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

Is my personally identifiable information secure?

The security of your personally identifiable information is extremely important to Nicole Harlow, POP Fizz, Inc. We use Zippy Courses and PayPal to process your purchases of our products and services. Your information is stored in an SSL encrypted database.

 

Be sure to keep in mind the no method of transmission over the Internet or method of electronic or physical server storage is 100% secure. While we value the privacy and security of your personal information, we cannot guarantee against or prevent potential security breaches, nor can we assure you that the personally identifiable information that you provide us will never be disclosed in a manner inconsistent with this privacy policy.

 

If you have any reason to believe that the security of your information has been compromised, please email us immediately at spiritedentrepreneur@gmail.com.

 

Will my personal information be shared with third parties?

Except in situations described in the next paragraph, we will not sell or give any personally identifiable information to any third parties.

 

We may however be required by law enforcement or judicial authority to provide personally identifiable information to the appropriate governmental authorities. If requested by law-enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law-enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our Terms of Use.

 

Does this website comply with the Children’s Online Privacy Protection Act?

Yes. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 18 years of age. Our website, products and services are all directed to people who are at least 18 years old or older.

 

Opt-out

If it anytime you do not wish to receive offers or emails from us, you must tell us in order for the communications to stop.  You may do this by either clicking the unsubscribe link located at the bottom of our emails or you may contact us directly by sending an email to spiritedentrepreneur@gmail.com.

 

How will I be notified of changes to this privacy policy?

We may change our privacy policy from time to time. If we make a material change to this policy, we will post the changes on this privacy policy webpage and may also inform you of the changes by other means such as our newsletter or in a direct email containing the update.

 

What if I have questions about this Privacy Policy or Terms of Use?

If you have any questions about this Privacy Policy or Terms of Use, Please direct your questions to us using the information below:

Nicole Harlow, POP Fizz, Inc.

spiritedentrepreneur@gmail.com

267.217.3499

 

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