Terms and Conditions
Last updated: January 24, 2020
Please read these terms and conditions carefully before using Our Website.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for you to access our Website or parts of our Website.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Atman Collective LLC.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Website.
Goods refer to the items and services offered for sale on the Website.
Orders mean a request by you to purchase Goods from us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
Website refers to Atman Collective, accessible from https://www.atmancollective.com
You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
These are the Terms and Conditions governing the use of this Website and the agreement between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Website.
Placing Orders for Goods
By placing an Order for Goods through the Website, you warrant that you are legally capable of entering into binding contracts.
If you wish to place an Order for Goods available on the Website, you may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.
We reserve the right to refuse or cancel your Order at any time for any or no reason including but not limited to:
Errors in the description or prices for Goods
Errors in your Order
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected. You will not be charged for Orders refused or cancelled prior to delivery of Goods.
We work hard to deliver high quality, valuable services and we do not offer any refunds. We offer a free discovery call where We can address any questions or concerns prior to you purchasing Goods.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
If you purchase a payment plan for the Journey to Atman program, the first payment is due at the time of purchase, the second payment is due 30 days after the date of purchase and the third payment is due 60 days after the date of purchase.
If you purchase a payment plan for the Mindset and Confidence program, the first payment is due at the time of purchase and the second payment is due 30 days after the date of purchase.
All payments are due in full on the due date. If your payment is missed, you will receive an email reminder the day following the due date. If a payment is more than 3 calendar days late, your User Account will be suspended, you will not be allowed to book any additional sessions and any current bookings that you have will be cancelled at the discretion of the Company. If your payment is not received in full 7 calendar days following the due date, your User Account will be permanently deleted, you will be removed from all Atman Collective LLC Social Media groups and sites, the coaching relationship will cease and your contract and User Agreement will be terminated.
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Website may allow you to post Content. You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Website's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Animal abuse or neglect of any kind
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Website if you post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Website, you agree to use the Website at your own risk. You understand that by using the Website You may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of our copyright agent via email at email@example.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Website where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at firstname.lastname@example.org.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
The Website and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Website and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We may terminate or suspend your User Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Website will cease immediately. If you wish to terminate your User Account, You may simply discontinue using the Website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Without limiting the foregoing, notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Website or $100 USD if you haven't purchased anything through the Website.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website and the Services are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the state of Michigan, excluding its conflicts of law rules, shall govern these Terms and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws, but we make no representation that this Website or its contents comply with the laws or jurisdictions outside of the United States.
If you have any concern or dispute about the Website, you agree to first try to resolve the dispute informally by contacting the Company. You agree to submit to the personal jurisdiction of the courts situated in Kent County, Michigan.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Notices Regarding Changes to These Terms and Conditions, Marketing Messages
We reserve the right, at our sole discretion, to modify or replace these Terms at any time in our sole discretion and without notice to you. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and our Goods.You agree that all notices that we provide to you may be sent via email to you.
Unless you ask us not to, we may contact you via email in the future to tell you about new products or services. If you wish to stop receiving marketing messages from us, please send an email to email@example.com with “UNSUBSCRIBE” in the subject line of your message.
If you have any questions about these Terms and Conditions, you can contact us:
By email: firstname.lastname@example.org
By phone number: 616.951.4321