Enforceability and Updates

DEFINITIONS

1. "Agreement": Refers to these Terms and Conditions, including any referenced policies, guidelines, or supplemental agreements governing the relationship between the user and This Business Mom LLC.

2. "Company": Refers to This Business Mom LLC, its officers, directors, employees, agents, subsidiaries, affiliates, successors, and assigns.

3. "User" or "Participant": Any individual or entity accessing, browsing, enrolling in, or utilizing the Company’s website, services, courses, or associated materials.

4. "Services": Includes but is not limited to the Company’s educational courses, digital content, resources, tools, and other offerings provided through its website or other platforms.

5. "Website": Refers to the Company’s official website and any affiliated digital properties used to deliver services or host content.

6. "Content": All materials provided by the Company, including but not limited to text, graphics, images, videos, templates, software, trademarks, trade dress, and proprietary methodologies.

7. "Intellectual Property": All proprietary materials, including trademarks, service marks, trade names, copyrights, patents, trade secrets, and other intellectual property rights owned or licensed by the Company.

8. "Account": A personal, non-transferable profile created by a user to access the Company’s website, services, or materials, protected by unique login credentials.

9. "Eligibility": The legal and factual ability of a user to engage in a binding agreement with the Company, including age, mental capacity, and absence of legal prohibitions under applicable laws.

10. "Affiliate Marketing": A marketing arrangement where users promote the Company’s services in exchange for financial incentives, subject to compliance with Federal Trade Commission (FTC) guidelines.

11. "Force Majeure": Events or circumstances beyond the Company’s reasonable control that prevent or delay performance of its obligations, including natural disasters, cyberattacks, government actions, or labor strikes.

12. "Indemnification": The obligation of a user to compensate the Company for any losses, damages, or legal costs arising from the user’s breach of these Terms or misuse of the Company’s services or content.

13. "Arbitration": A method of dispute resolution where claims are resolved outside of court by a neutral arbitrator, as governed by the Federal Arbitration Act (FAA, 9 U.S.C. §§ 1–16).

14. "Refund Policy": The specific conditions under which users may request and receive refunds for the Company’s services or courses, detailed on the Company’s website and incorporated into these Terms.

15. "Third-Party Links": Hyperlinks or connections to external websites, services, or platforms not owned or controlled by the Company, provided for user convenience or additional resources.

16. "Personal Data": Information that identifies or can reasonably identify an individual, as defined under data protection laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

17. "Confidential Information": Non-public data, proprietary methodologies, and other sensitive information disclosed by the Company to users under these Terms.

18. "Breach of Terms": Any act, omission, or violation by a user that contravenes these Terms, applicable laws, or the Company’s policies.

19. "Liability": The legal obligation of the Company to compensate for damages or losses caused by its actions or omissions, subject to limitations outlined in these Terms.

20. "Prohibited Conduct": Actions explicitly disallowed under these Terms, including but not limited to misuse of content, circumvention of security measures, and illegal activities.

21. "User Rights": Legal entitlements granted to users under applicable laws, including but not limited to data access, correction, and deletion rights under GDPR and CCPA.

22. "Consent": A user’s explicit agreement to the processing of their personal data, participation in services, or acceptance of these Terms, in compliance with GDPR Article 4(11).

23. "Notice": Formal communication provided by the Company to users, including updates to these Terms or changes to services, delivered via email or website notifications.

24. "Venue": The designated location for arbitration or legal proceedings, specified in these Terms as Detroit, Michigan, or other mutually agreed locations.

25. "Termination": The cessation of a user’s access to the Company’s website, services, or materials due to a breach of these Terms or other reasons outlined herein.

Ownership of Intellectual Property:

All materials provided by the Company, including but not limited to text, graphics, videos, templates, software, proprietary methodologies, and branding elements, are the sole and exclusive intellectual property of the Company. These are protected under:

Scope of License:

Users are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the materials solely for personal, non-commercial purposes. This license does not convey ownership rights or the ability to sublicense or redistribute the materials.

Prohibited Uses:

The following actions are strictly prohibited:

Legal Remedies for Violations:

Unauthorized use of the Company’s intellectual property may result in:

FTC Disclosure Requirements:

User Obligations:

Penalties for Non-Compliance:

Scope of Disclaimed Liability:

To the maximum extent permitted by law, the Company disclaims liability for any and all damages, including but not limited to:

Direct, indirect, incidental, consequential, or punitive damages.

Loss of revenue, profits, business opportunities, or data resulting from the use or inability to use the Company’s services or materials.

Exclusions:

The Company is not liable for damages arising from:

Reliance on outdated, incomplete, or inaccurate content.

Technical errors, service interruptions, or cyberattacks beyond the Company’s control.

Force Majeure Clause:

Jurisdictional Adjustments:

In jurisdictions where liability limitations are restricted, the Company’s liability is capped to the amount paid by the user for the specific service giving rise to the claim, in compliance with Restatement (Second) of Torts § 906.

User’s Indemnity Obligations:

By agreeing to these Terms, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising from:

Notice of Indemnified Claims:

You agree to provide the Company with prompt written notice of any claim or legal proceeding for which you seek indemnity. The Company reserves the right to assume exclusive defense and control of the matter, subject to your cooperation.

Survivability:

Indemnification obligations survive the termination or expiration of these Terms and remain enforceable in accordance with Restatement (Second) of Contracts § 384.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of law principles. This provision ensures adherence to 28 U.S.C. § 1332 (Diversity Jurisdiction).

Federal laws, including the Federal Arbitration Act (FAA, 9 U.S.C. §§ 1–16), will apply to any arbitration proceedings.

Dispute Resolution:

All disputes, controversies, or claims arising out of or relating to these Terms, including their breach, termination, or validity, shall be resolved exclusively through binding arbitration conducted under the rules of the American Arbitration Association (AAA). This aligns with the FAA and ensures expediency and fairness in dispute resolution.

Venue:

Arbitration proceedings shall be conducted in Grand Rapids, Michigan, unless the parties mutually agree on an alternative venue. This venue selection clause complies with Restatement (Second) of Conflict of Laws § 187, which enforces valid forum-selection agreements.

Costs and Fees:

The arbitration costs shall be shared equally unless otherwise determined by the arbitrator, in accordance with the AAA Commercial Arbitration Rules.

Injunctive Relief:

Notwithstanding the above, the Company retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, proprietary information, or other legal rights under 17 U.S.C. § 502 (Copyright Injunctions) and 15 U.S.C. § 1116 (Trademark Injunctions).

Right to Amend:

The Company reserves the right to modify, amend, or update these Terms at any time, at its sole discretion, to reflect changes in business practices, legal obligations, or other operational needs.

Notification of Changes:

Material changes to these Terms will be communicated to users through:

Notifications on the Company’s website.

Email notices to registered users, where applicable, in compliance with California Online Privacy Protection Act (CalOPPA, Cal. Bus. & Prof. Code § 22575).

Effective Date:

Changes will take effect on the date specified in the notification. Continued use of the website, services, or materials after the effective date constitutes acceptance of the revised Terms, as per Restatement (Second) of Contracts § 89.

User Responsibility:

It is the user’s responsibility to review the Terms periodically for updates. Users who do not agree to the modifications must discontinue their use of the services.

Refund Eligibility:

Refunds will be granted only in strict accordance with the Company’s Refund Policy, which is detailed on its website and forms part of these Terms.

Conditions for Refunds:

Refunds may be issued in the following circumstances:

 Failure to deliver the purchased course or services.

 Significant material discrepancies between advertised and delivered services.

 Technical issues that render the course inaccessible, provided these are attributable to the Company.

Non-Refundable Items:

The following are non-refundable:

Partially completed courses or services.

Fees related to digital downloads or content once accessed.

Situations beyond the Company’s control, such as user error or technological incompatibility. This aligns with UCC § 2-719, which permits reasonable limitations on remedies, including refund restrictions.

Refund Process:

Eligible refund requests must be submitted within 14 days of the purchase date. Refunds will be processed within 30 days of approval.

Definition and Applicability:

The Company shall not be held liable for delays, interruptions, or failures in performance caused by events beyond its reasonable control, including but not limited to:

Natural disasters such as earthquakes, floods, or hurricanes.

 Acts of terrorism, war, or civil unrest.

 Cyberattacks, network outages, or technological failures.

 Government-imposed restrictions, regulatory changes, or strikes. This clause operates under the principles of UCC § 2-615 (Excuse by Failure of Presupposed Conditions).

Notice and Mitigation:

The Company will notify users of any force majeure event that impacts its services and take reasonable steps to mitigate the effects of such events to resume performance as soon as feasible.

Exclusions:

Force majeure does not excuse obligations related to payment or refunds unless otherwise specified by applicable law.

Partial Invalidity:

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to render it enforceable. If modification is not possible, the provision will be severed.

Preservation of Agreement:

The invalidity or unenforceability of a specific provision does not affect the validity or enforceability of the remaining provisions, ensuring that these Terms remain in full force and effect. This principle is consistent with Restatement (Second) of Contracts § 184 and UCC § 2-302.

Supersession of Prior Agreements:

These Terms, along with the Company’s Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and the Company. They supersede any prior agreements, understandings, or representations, whether written or oral, relating to the subject matter.

No Reliance Clause:

You acknowledge that you have not relied on any statements, promises, or representations other than those explicitly set forth in these Terms.

Amendments:

Any changes or additions to these Terms must be made in writing and agreed upon by both parties to be enforceable, as per UCC § 2-209.

Compliance with Laws:

The Company adheres to all applicable data protection laws, including:

 California Consumer Privacy Act (CCPA, Cal. Civ. Code § 1798.100 et seq.).

 General Data Protection Regulation (GDPR, EU Regulation 2016/679).

 Children’s Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501 6506).

User Rights:

 Users have the right to:

 Access, correct, or delete their personal data, as outlined in the Privacy Policy.

 Withdraw consent for non-essential data processing activities at any time.

 Opt-out of data sales or marketing communications.

Breach Notification:

In the event of a data breach, the Company will notify affected users in accordance with Cal. Civ. Code §§ 1798.29 and 1798.82 and GDPR Articles 33 and 34.

Right to Terminate:

The Company reserves the right to suspend or terminate your access to the website, courses, and services at its sole discretion without prior notice if:

 You breach any provision of these Terms.

 Your actions or omissions cause harm to the Company’s reputation, operations, or intellectual property.

 You engage in prohibited conduct outlined in Section 15.

Effects of Termination:

Upon termination, your license to use the Company’s materials will be revoked, and you must cease all use of the services.

The Company retains the right to seek damages or other remedies under applicable law, including UCC § 2-703 (Seller's Remedies in General).

Survival of Obligations:

Provisions relating to intellectual property, indemnification, liability limitations, and governing law will survive termination in accordance with Restatement (Second) of Contracts § 230.

Account Security:

Users are responsible for safeguarding their account credentials, including login IDs and passwords.

You agree to notify the Company immediately of any unauthorized use or security breaches related to your account, as required under the Computer Fraud and Abuse Act (18 U.S.C. § 1030).

Compliance with Policies:

Users must comply with all applicable policies and these Terms to maintain access to services. Non-compliance may result in account suspension or termination.

Liability for Actions:

Users are liable for all actions taken under their accounts, including unauthorized use due to negligence.

Prohibited Activities:

Users agree not to engage in any activities that:

 Violate any applicable federal, state, or international laws, including 18 U.S.C. § 1343 (Wire Fraud).

 Harm, disrupt, or exploit the Company’s website, services, or other users.

 Circumvent security measures or use automated tools to scrape or access restricted areas of the website.

Unauthorized Use:

Users are expressly prohibited from:

 Sharing, reselling, or sublicensing access to the Company’s services or materials.

 Uploading malicious software, viruses, or any code designed to disrupt the website's functionality, as per the Electronic Communications Privacy Act (18 U.S.C. § 2510–2523)..

Enforcement:

The Company reserves the right to investigate and take appropriate legal action, including reporting to authorities, for violations of this section.

Adherence to Marketing Laws:

Users participating in marketing activities related to the Company’s services must comply with:

 CAN-SPAM Act (15 U.S.C. §§ 7701–7713): Prohibits deceptive or misleading email practices and requires clear opt-out mechanisms.

 FTC Endorsement Guidelines (16 C.F.R. Part 255): Mandates transparency in endorsements and disclosure of material connections.

Prohibited Marketing Practices:

Users may not engage in:

 False advertising or unsubstantiated claims about the Company’s services.

 Sending unsolicited emails in violation of anti-spam laws.

Consequences for Non-Compliance:

The Company reserves the right to terminate access or report violators to regulatory authorities for breaches of this clause.

Inclusion of Links:

The Company’s website may contain links to external websites or services for user convenience.

Disclaimer of Liability:

The Company does not:

 Endorse the content, accuracy, or reliability of third-party websites.

 Assume responsibility for any losses or damages incurred from interactions with external sites.

User Responsibility:

Users interact with third-party links at their own risk and are encouraged to review the terms, policies, and practices of such sites.

This disclaimer aligns with Restatement (Third) of Agency § 7.03, which limits liability for acts beyond the Company's control.

For inquiries, concerns, or further assistance regarding these Terms, please contact the Company at:

Email: fae@faejohnson.com

The Company will respond to all inquiries within the statutory timeframe, as required under applicable federal and state laws.