Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING AND USING SOFTWARE OR SERVICES FROM HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING. BY PURCHASING OR USING HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner’s SOFTWARE, PRODUCTS OR SERVICES, YOU SIGNIFY YOUR ASSENT TO, AND ACCEPTANCE OF, THESE TERMS AND CONDITIONS AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS ON BEHALF OF THAT ENTITY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST NOT USE HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner’s PRODUCTS, SOFTWARE OR SERVICES.These Terms and Conditions (“Terms”) are between you (individual or entity) and DBA PROGRESSIVE HOLISTIC LIVING (“HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM AND KRISTINWILHITE.COM") and addresses unique commercial considerations that apply to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s products (including software), open source software, and business model.

These Terms and Conditions (“Terms”) are between you (individual or entity) and DBA PROGRESSIVE HOLISTIC LIVING (“HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM AND KRISTINWILHITE.COM") and addresses unique commercial considerations that apply to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s products (including software), open source software, and business model.

1. Privacy

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, AND PROGRESSIVE HOLISTIC LIVING values your privacy. As such, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, AND PROGRESSIVE HOLISTIC LIVING agrees to maintain a privacy policy that will identify the types information collected and stored by HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING, how the information is collected, who has access to the stored information, and who HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING may share the information with. See HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s Privacy Policy for full details.

2. Automatic Renewal, Cancellation, and Refund Policy

Unless otherwise previously agreed upon, all Courses, merchandise, services and all items purchased renew automatically, provided that you may cancel your Courses, merchandise, services and all items purchased at any time by contacting HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s support. Unless you submit a written refund request within the first thirty (30) days of receiving it, you will not entitled to receive a refund of any fees paid by you to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING. Automatic renewal payments are eligible for refund within the first thirty (30) days of the renewal transaction. Addons and product upgrades are not applicable for refunds under any circumstance. By cancelling or accepting a refund of the fees you paid to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING, you acknowledge and agree that your access to courses or services relevant to item purchased with applicable (or pending) refund is terminated and that HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING has no further obligations to you with respect to these Terms, or the subject matter hereunder.

3. Restrictions

You, as a purchaser, cannot distribute, freely give away, or resell any information, materials or courses received. If you wish to transfer your ownership, you must contact HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING and request an official transfer of the service to a new owner. The Courses, merchandise, services and all items purchased is intended to be used only for personal use. Only you, as Courses, merchandise, services and all items purchased, the holder, are permitted to request support or access support resources. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING reserves the right to terminate a course(s), merchandise, services and all items purchased with if HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING reasonably believes that you are in violation of these Terms.

You are not permitted to re-post support forum content or documentation on any external websites, social media outlets, or any other websites. Posting screen captures of this content is strictly prohibited. Your violation of these Terms will be grounds for immediate termination of your courses, merchandise, services and all items purchased and all access to support services, documentation, updates, and other content will be discontinued. In addition to the foregoing, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING may suspend or revoke your courses, services and all items purchased if you are found to have, or are reasonably suspected of doing any of the following:

a. Violating local, state, national, or international law, or breaching any of your contractual obligations or fiduciary duties.

b. Sharing any passwords, letting anyone access your information with HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING, or doing anything that might put your information at risk.

c. Attempting to access any other user’s information.

d. Reproducing, transferring, selling, reselling, or otherwise misusing any software, updates, or support services, unless specifically authorized to do so.

e. Accessing, tampering with, or using non-public areas of HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s systems, unless specifically authorized to do so.

f. Breaking or circumventing HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR -PROGRESSIVE HOLISTIC LIVING’s authentication or security measures, or otherwise testing the vulnerability of HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE -HOLISTIC LIVING’s systems or networks, unless specifically authorized to do so.

g. Trying to reverse engineer any portion of the product or services.

h. Trying to interfere with any user, host, or network, for example by sending a virus, malware, overloading, spamming, or mail-bombing.

i. Using the products or services to distribute malware.Impersonating or misrepresenting your affiliation with any person or entity.

j. Encouraging or helping anyone do any of the things on this list.

k. Using the products or support services to: share illegal content or promote illegal activities; share content that is defamatory, obscene, pornographic, vulgar, offensive, discriminatory, hateful, racist, harassing, or harmful; or that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; make threats or organize acts of real-world violence; harass others; or to violate intellectual property, privacy, laws, regulations, or any other third party’s rights.

4. Delivery

After HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING has successfully received your payment, the product(s) will become available through portal access, or download if applicable, on the HOLISTICLIVING101.COM, or drop shipped if via amazon affiliate on KRISTINWILHITE.COM. For courses purchased HOLISTICLIVING101.COM will also send an email to you with your login credentials for the HOLISTICLIVING101.COM support portal. To receive support services, you must log in to the HOLISTICLIVING101.COM support portal. After you successfully log in, you will be able to receive support and access to the downloads and course content for the duration of your course(s) purchased. If you do not receive an email with your HOLISTICLIVING101.COM support portal login credentials after one (1) hour, please contact [email protected].

You are and will be responsible for maintaining the confidentiality of your login credentials, for all activities conducted on and with the services that make use of your login credentials, and for charges or fees incurred by the use of such credentials, if any, including any use you may subsequently contend was not unauthorized by you. It is your responsibility to ensure that you exit or log-off from the HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING support portal at the end of each session of use. You shall notify HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING immediately of any unauthorized use of your login credentials or any other breach of security that is known or suspected by you.

5. Support Policy

A current course purchased gives you access to HOLISTICLIVING101.COM's help desk, and standard documentation. 

A current merchandise, services and all other items purchased via KRISTINWILHITE.COM gives you access to KRISTINWILHITE.COM's help desk, and standard documentation. 

Support is provided via these channels only. HOLISTICLIVING101.COM and KRISTINWILHITE.COM do not offer telephone, video conferencing, online chat, or in-person support services. Support is available from 8:00 AM to 4:00 PM Pacific Standard Time, Monday through Friday, excluding federal holidays of the United States. Inquiries received outside of these hours will be addressed during the following business day. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s support services are only intended for Courses, merchandise, services and all items purchased holders and for use with HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s products. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING does not support any third party components, software, systems, or plugins. Specifically, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING does not offer support for Amazon products that were delivered by or purchased through Amazon or third parties. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING does not offer customizations to its products or customized development services for new or modified features relating to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s products. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING commits to providing customer support for the most current version of the software, course or relevant product.

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING commits to using commercially reasonable efforts to keep its products compatible with most modern, popular web browsers including Firefox, Safari, Chrome, and Internet Explorer. While HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING will use commercially reasonable efforts to give a near-identical experience across browsers, certain features and functionality may not be identical, or operate in a similar manner due to the lack of web standards support (relating to HTML & CSS) in some browsers. If a browser does not support certain web standards, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING will attempt to provide a generic workaround for that browser, which may degrade a specific function or feature gradually. To the extent possible, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING will attempt to ensure that the workaround does not impact any user’s experience negatively.

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING cannot, and does not, guarantee compatibility with all hosting or server configurations, nor does HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING provide support for hosting or server related issues.

6. Ownership

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING and/or it’s owner own and shall retain all rights, titles, and interests, including all intellectual property rights, in and to the products, services, documentation, imagery, and content (including at HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING.com) provided under these Terms, and all elements thereof. Except for the express purchases granted to you herein, you neither have, nor acquire, any rights, titles, or interests in or to the foregoing, or any element thereof. In addition, you acknowledge and agree that you will not bundle any HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING product with any other products to be distributed in online marketplaces.

7. Publicity

You shall not use or exploit any HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner, names, logos, trademarks, service marks, or other indicia or trade origin, or refer to HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM OR PROGRESSIVE HOLISTIC LIVING or it’s owner directly or indirectly in any marketing materials, advertising, customer lists, media release, public announcement, or public disclosure relating to the products or services, or these Terms or its subject matter, without obtaining HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM OR PROGRESSIVE HOLISTIC LIVING or it’s owners prior express written consent prior to each use.

8. Notices

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING may send you email notifications from time to time related to these Terms and the subject matter hereunder. These emails may include notifications of licensing changes, changes to these Terms, courses, services (merchandise if applicable, and all items purchased) expiration and renewal notices, promotions, and other emails related to your purchases hereunder. Unless HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING receives an automated response that the email is undeliverable, these notices shall be effective upon the date sent to you.

9. Changes

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING 5 of 8reserves the right, at any time, to modify or discontinue, temporarily or permanently, a Courses, merchandise, services and all items purchased with or without notice. In addition, these Terms and any prices are subject to change at any time. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING will attempt to give you fourteen (14) days’ prior notice of any material changes that impact your account, when possible.

In some cases, where a particular product has become extremely outdated or HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING decides, in its sole discretion, that there is no feasible workaround available, HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING may choose to discontinue that particular product and, instead, work to produce an entirely new version that takes advantage of the latest improvements in the most recent version of WordPress.

10. Warranty

Both you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING each hereby warrant to the other that: (a) it has the authority to enter into these Terms, to grant the rights granted by it under these Terms, and to perform its obligations under these Terms; and (b) it will comply with all applicable laws and regulations in effect during the term of the Courses, merchandise, services and all items purchased as they apply to such party’s rights and obligations under these Terms.

HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING warrants to you that the products provided to you will operate in substantial conformity with the documentation provided by HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING does not warrant that your use of the products will be uninterrupted or error-free or that any security mechanisms implemented by the products will not have inherent limitations. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s sole liability, and your exclusive remedy, for any breach of this warranty shall be, in HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s sole discretion, to use commercially reasonable efforts to provide you with an error-correction or workaround which corrects the reported non-conformity, or if HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING determines such remedies to be impracticable within a reasonable period of time, to refund a pro-rata amount of the fee paid for the applicable product and term. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING shall have no obligation with respect to a warranty claim, unless: (i) you notified HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING in writing of such a claim within thirty (30) days of discovering the non-conformity; (ii) described the non-conformity in the product sufficiently for HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING to replicate the non-conformity; and (iii) HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING was able to replicate the non-conformity.

You hereby represent and warrant, under your own responsibility that no Personal Data subject to General Data Protection Regulation (EU) 2016/679 (“GDPR”) is, or will be, processed by HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING as a Processor on your behalf as part of the product, services, or these Terms. You shall communicate to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING in writing, without undue delay, any anticipated change affecting this representation and warranty. If you communicate any anticipated change affecting this representation and warranty to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING, you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING will determine, in good faith, if a data processing agreement is necessary. As good faith, you agree that you will: (a) specifically identify the sections of GDPR implicated by the products or services, (b) reasonably articulate to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING the Personal Data you will be providing to HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING for Processing; and (c) provide HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING with all reasonably requested information and access. If the parties mutually agree that GDPR is applicable, you agree to enter into HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING’s standard data processing agreement, without modification, which shall amend these Terms, as is reasonably required: (a) to reflect each party’s obligations and risks under GDPR, and (b) for HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING to provide the products and services in a manner that allows you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING to comply with the respective obligations under GDPR before the change affecting this representation and warranty. You agree to assist PROGRESSIVE HOLISTIC LIVING and/or it’s owner in any request or procedure by a national data protection supervisory authority, or in any lawsuit, relating to the processing of any Personal Data covered by this representation and warranty. Furthermore, you shall indemnify and hold HOLISTICLIVING101.COM, KRISTINWILHITE.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owners harmless for any cost, charge, damages, expenses, or loss (including reasonable attorneys’ fees) arising from your noncompliance with this section. Any undefined terms used herein shall have the meaning set forth in GDPR.

THE PRODUCTS, SERVICES, DOCUMENTATION, CONTENT, AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner SPECIFICALLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES; NOR DOES HOLISTICLIVING101.COM, KRISTINWILHITE.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner WARRANT OR REPRESENT THAT YOUR USE OF THE PRODUCTS, SERVICES, DOCUMENTATION, SUPPORT PORTAL, OR CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER SERVICES. HOLISTICLIVING101.COM, KRISTINWILHITE.COM, PROGRESSIVE HOLISTIC LIVING and it’s owner FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE THIRD PARTY PRODUCTS, MATERIALS, PLUGINS, SOFTWARE, SYSTEMS, HARDWARE, AND COMBINATIONS OF HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner WITH THE SAME. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PRODUCTS AND SERVICES, OR COMPONENTS CONTAINED THEREIN, IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, EQUIPMENT, SERVERS, SOFTWARE, SYSTEMS, AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, 7 of 8KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner, OR THROUGH OR FROM THE PRODUCT OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY BY HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS OR SERVICES; (B) ANY PRODUCT, SOLUTIONS, MATERIALS, OR CONTENT PROVIDED BY ANY THIRD PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA, CONTENT, OR INFORMATION. IN NO EVENT SHALL HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner’s AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE PRODUCTS AND SERVICES EXCEED THE LESSER OF: (I) $200, OR (II) THE TOTAL AMOUNT OF FEES RECEIVED BY HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING FROM YOU FOR THE USE OF THE PRODUCTS SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner’s ABILITY TO MAKE THE PRODUCTS AND SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE PRODUCTS AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. Governing Law & Jurisdiction

In order to ensure consistency in the interpretation and enforcement of these Terms, these Terms will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.

You expressly agree that any litigation arising between you and HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner related, in any way, to the products, services, and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Central District of San Diego, CA. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. Notwithstanding the foregoing, HOLISTICLIVING101.COM, SUSTAINABLEHOLISTIC.COM, PRO-HOLISTIC.COM, KRISTINWILHITE.COM, STRETCHNATION.COM, PROGRESSIVE HOLISTIC LIVING and/or it’s owner may seek and obtain injunctive relief in any jurisdiction.

13. Miscellaneous

If it turns out that a particular provision of these Terms is not enforceable or invalid as determined by a court of competent jurisdiction, this will not affect any other terms and such provision shall be modified to the extent necessary to be valid and enforceable. If you do not comply with these Terms, and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING does not take immediate action, this does not indicate that HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING relinquishes any rights that HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING may have (such as taking action in the future). Any waiver of rights by HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING must be acknowledged and agreed to by you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING in writing.

The relationship between you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING is that of independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and HOLISTICLIVING101.COM, KRISTINWILHITE.COM, OR PROGRESSIVE HOLISTIC LIVING as a result of these Terms, or your access to, and use of, the Services. Neither party has the authority to create any obligations for the other, or to bind the other to any representation, statement, or document. Any person or entity who is not a party to these Terms has no right to benefit under or to enforce any of these Terms.

Subject to these Terms, all provisions of these Terms relating to ownership, limitations of liability, and other provisions which by their nature survive termination of these Terms shall survive termination of these Terms.

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