Terms & Conditions

These are the legally binding terms and conditions of this website.

The website https://www.sarahjamescarter.com/, (hereinafter collectively “Website”) and any content therein (defined below) is owned and operated by Sarah James Carter a Texas Sole Proprietorship (hereinafter “we” “us” “our” “Sarah James Carter”). Please read all Terms & Conditions before using our Website. By visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them. If you do not agree with this document in its entirety, please immediately refrain from using Website.

These Terms & Conditions constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and Sarah James Carter, concerning your access to and right to use Website, as well as any other media forms, media channels, mobile website, or mobile application related, linked, or otherwise connected to Sarah James Carter and Website.

Use of Websites

A. To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using any of our Website, you represent that you are at least 18 years old, and that you agree to be bound by these terms and conditions. Any use of our Website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.

B. Please note these Terms & Conditions may be subject to changes or updates at any time, and the Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.

C. If you purchase a Program, Product, or Service from us, you will also enter into one or more separate agreements with us, and are subject to the terms outlined in the Terms of Use or Client Agreement associated with the program purchased, which shall prevail in the event of a conflict or issue. All online purchases through us carry additional Terms of Use relating to the product being purchased, with your purchase of the product or service constituting acceptance and agreement to adhere to these additional terms. All private mastermind or other coaching packages require signature of an additional Agreement outlining the terms and guidelines therein as well.

Intellectual Property Rights

A. Website contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Sarah James Carter and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, as well as source code, databases, functionality, software, audio content, visual content, text content, to the extent protectable, and any and all other information accessible through the Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).

B. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Websites, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

C. Your Limited License 

1.    Your ability to view Content on our Website grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.


2.    As a licensee, you understand and agree that you will not:


(i) Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.


(ii) Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without express, written permission provided by Sarah James Carter and understand that any such use may constitute infringement, which may give rise to a cause of action against you.

(iii) Hold any of our Content out to be your own, other than blog posts you may write as a contributing writer, and understand that doing so constitutes stealing and is a violation of our intellectual property rights.


(iv) Share purchased materials, information, content with others who have not purchased them.


(v) Use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.


(vi) You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.


(vii) Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to hello@sarahjamescarter.com.

D. Your License to Us

1.    You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.

2.    When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.

3.    You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Website constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.

4.    Testimonials: Our Websites may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our Website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Website.

Ownership of Content Posted on Online Magazine

A. Sarah James Carter may invite individuals to become contributing writers (“Writers”) to the Sarah James Carter online Magazine located at www.sarahjamescarter.com and submit posts with content and images of their choosing. Prior to becoming a Writer, Writers agree they are responsible for any and all content they post, including obtaining any necessary permissions or licenses to post content, images, videos or other intellectual property belonging to a third party. While Sarah James Carter obtains a license from Writer to feature, host, share, and otherwise use content posted, Writer remains the copyright owner, and the sole party responsible should there be any alleged or actual copyright infringement posted on Website.

Digital Millennium Copyright Act (DMCA) Policy

A. Section 512 of the DMCA grants immunity from copyright liability to websites that passively host user content. To qualify for the DMCA Safe Harbor protection, certain requirements must be met. Writers agree they are solely responsible for selecting and uploading content to https://www.sarahjamescarter.com/ and that the content is transmitted to other users and readers of the Website without modification by Sarah James Carter. Sarah James Carter does not select the content posted to the website and uses an automatic technical process to carry out the transmission, routing, and provision of connections and storage. Sarah James Carter aggregates content from users in a non-selective way to meet Safe Harbor requirements.

B. Sarah James Carter takes intellectual property rights of others extremely seriously and does not tolerate Writers posting content that infringes the rights of another. Per the Digital Millennium Copyright Act (DMCA), Sarah James Carter will respond expeditiously to any claims that any content posted by Writers include copyright infringement. In order to ensure such claims are timely seen, claims must be submitted to Sarah James Carter’s Copyright Agent as described below.

C. Registered Copyright Agent. Sarah James Carter has designed an agent for service of copyright claims, which has been outlined below, and filed with the U.S. Copyright Office via an online filing. This individual has been designated the Copyright Agent within Sarah James Carter, and can be reached at the following address:

Sarah James Carter

hello@sarahjamescarter.com

D. Notice and Takedown Procedure. Sarah James Carter abides by the federal DMCA, and takes notices of alleged infringement that comply with the DMCA and other applicable laws very seriously. Upon receipt of a DMCA-compliant notice of infringement, Sarah James Carter will promptly take down or block access to the allegedly infringing matter, and will contact the Writer in question so they may take further action in accordance with the DMCA.
a. To file a notice of infringing material on https://www.sarahjamescarter.com/, please provide the following information to our Copyright Agent, sent to the address above:
i. Reasonably sufficient details for identification of the copyrighted work which is claimed to have been infringed;
ii. Reasonably sufficient details to enable us to identify and locate the material that is claimed to be infringing (e.g. a website linking to the page in question);
iii. Contact information for the copyright holder;
iv. A statement that the complainant believes in good faith that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law;
v. A statement that the above information is accurate and, under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed, and;
vi. A physical or electronic signature of the copyright holder or its agent.

E. Repeat Infringer Policy. If any Writer is accused of copyright infringement more than once, he or she will be promptly terminated as a Writer, the account will be terminated, and the Writer will not be able to apply for a writing position with Sarah James Carter again. Sarah James Carter maintains records of DMCA takedown notices to ensure compliance with this policy.

Your Conduct

A. Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.

B. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable.

C. You agree not to
:

1.    Systematically retrieve data or other content from Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

2.    Make any unauthorized use of Website, including collecting names and email addresses of users by electronic or any other means;

3.    Use Website to offer or advertise goods or services,
d. Circumvent, disable, or otherwise interfere with security-related features of Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of Website and Content contained herein;

4.    Engage in unauthorized framing of or linking to Website;

5.    Trick, defraud, or mislead us and/or other users, especially in an attempt to obtain sensitive account information such as user passwords, billing information, or other personal information;


6.    Make improper use of our support services or submit false reports of abuse/misconduct;

7.    Interfere with, disrupt, or create an undue burden on Website or networks or servers connected to Website;


8.    Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up all or part of Website;


9.    Delete the copyright or other proprietary rights notice from any content;


10. Copy or adapt Website’s software, including but not limited to Flash, PHP, HTML, Javascript, or other code;


11. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses Website, or use any launching or unauthorized script or other software.

D. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

Use of Free Materials or Content

A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide The Sarah James Carter with credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

Disclaimer

A. The purpose of the Website is solely to provide educational information to those wishing to view it. Any Content on Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.

B. You also understand and acknowledge that we are not doctors, lawyers, therapists, psychics, accountants, nurses, counselors, nor do we claim to provide any such advice that should be obtained from a medical, or other professional after evaluating your specific situation, issue, or business. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

C. You understand and agree that the Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

D. Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold The Sarah James Carter harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.

Technology Disclaimer

A. By using our Website, you understand and agree that The Sarah James Carter makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.

B. We will make every effort to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.

C. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.

Information You Provide

A. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information (we accept Visa, Mastercard, American Express, Discover, and PayPal) and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.


B. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.

C. You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

Online Purchases

A. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

B. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

C. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

D. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

E. We reserve the right to refuse any order placed through Website, for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that used the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, false accounts, spam accounts, or any other accounts which otherwise raise a red flag or appear fraudulent, regardless of whether or not they actually are.

F. If do you make a purchase, you will also be subject to all terms associated with the program, membership, or product you purchased, which shall be the operating and controlling document between you and Sarah James Carter as it relates to the program, membership, or product you purchase. If you have any questions regarding the program, membership, or product you purchased, please refer to the corresponding Terms of Use or Client Agreement, or reach out to us at hello@sarahjamescarter.com and we will be happy to provide you with a copy.

Indemnification

A. You agree at all times to defend, fully indemnify and hold Sarah James Carter and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.

B. We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

C. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

Limitation of Liability

A. You understand and agree that the information offered via Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full, and have no way of knowing of a program’s specific applicability to your life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.

B. You understand and agree that Sarah James Carter is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

C. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

Release of Claims

A. You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.

Termination

A. You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

Dispute Resolution

A. These Terms and Conditions shall be governed by the laws of the state of Texas. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Houston, Texas regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.

B. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.

C. These Terms and Conditions constitute the entire agreement between us with respect to your use of our Website, content, and products, and supersedes any other agreement, with the exception of any separate agreements, including Terms of Use, entered into by virtue of your decision to purchase any products available on our Website. Nothing on our Website nor any communications between us is to be construed as a waiver of any of the above, nor shall we have waived any portion of these Terms and Conditions absent express, written information by us expressly stating otherwise.

Should you have any questions with respect to any of the foregoing, please contact us at hello@sarahjamescarter.com.

Terms of Use

This legal document discloses what you agree to when you use this site or my services.

This agreement (hereinafter, the “Agreement”) between https://www.sarahjamescarter.com/, (hereinafter, “Sarah James Carter”, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the Sarah James Carter or Sarah James Carter sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Sarah James Carter.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. SARAH JAMES CARTER MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

1.    Limited License; Use of Services.

This agreement (hereinafter, the “Agreement”) between Sarah James Carter, (hereinafter, “Sarah James Carter”, “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the Sarah James Carter or Sarah James Carter sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Sarah James Carter.

2.    Prohibited Activities.

In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:

1.    Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;

2.    Access the Sites or Services by any means other than through the standard industry-accepted or Sarah James Carter -provided interfaces;

3.    Transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;

4.    Impersonate any person or entity, including without limitation, a Sarah James Carter official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

5.    Post or transmit any material that contains a virus or corrupted data;

6.    Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

7.    Use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);

8.    Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

9.    Violate any applicable local, state, national or international law;

10. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

11. Delete or revise any material posted by any other person or entity;

12. Manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;

13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Sarah James Carter product or Service if you are not expressly authorized by such party to do so; or

14. Use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Sarah James Carter’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Sarah James Carter through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.

3.    Site Minimum Age

You must be at least 13 years of age or older (“ЮSite Minimum Age“) to use this Site and this Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions (“U.S.“), but certain features on this Site may be subject to heightened age and/or other eligibility requirements. For example, if this Site requires you to be at least 13 years of age, please be aware that certain areas on the Site may contain content for which you must be at least 20 years of age to access and view even if this Site’s age eligibility requirements are less than 20 years of age. If you are not yet the Site Minimum Age or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.

4.    Comments and Commenting.

Sarah James Carter allows posting of comments on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. Sarah James Carter or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by Sarah James Carter staff, Sarah James Carter ‘soutside contributors, or by users not connected with Sarah James Carter, some of whom may employ anonymous user names. Sarah James Carter expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Sarah James Carter or any of its subsidiaries or affiliates.

5.    Monitoring.

Sarah James Carter has no obligation whatsoever to monitor any of the content or postings on the comment section on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

6.    Accounts, Passwords and Security.

If any of the Sites or Services require you to open an account, you must complete the registration process by providing Sarah James Carter with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Sarah James Carter which is untrue, inaccurate, not current or incomplete, Sarah James Carter the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Sarah James Carter immediately of any unauthorized use of your account or any other breach of security. Sarah James Carter will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Sarah James Carter or another party due to someone else using your account or password.

7.    Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Sarah James Carter infringe your copyright, you, or your agent may send to Sarah James Carter a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Sarah James Carter actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Sarah James Carter a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

8.    Limitation of Liability.

NEITHER SARAH JAMES CARTER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL SARAH JAMES CARTER BE TOTALLY LIABLE TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.

9.    Professional Advice Disclaimer.

THIS SITE OFFERS HEALTH, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SARAH JAMES CARTER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

10. Indemnification.

You agree to indemnify, defend, and hold Sarah James Carter and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Sarah James Carter or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Sites and/or the Services. This Section 17 shall survive in the event this Agreement is terminated for any reason.

11. Jurisdictional Issues.

Sarah James Carter makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Sarah James Carter reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

12. Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Sarah James Carter, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 12 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

13. General Information.

This Agreement constitutes the entire agreement and understanding between you and Sarah James Carter and governs your use of the Sites and the Services, superseding any prior agreements between you and Sarah James Carter. This Agreement and the relationship between you and Sarah James Carter shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You and Sarah James Carter irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the city of Houston, in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Sarah James Carter to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Sarah James Carter of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

Copyright © 2020 Sarah James Carter

The material on this web site is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment. See additional information. Use of this site is subject to our terms and conditions.

Privacy Policy

This legal document discloses how we collect and protect your personal data.

The following Privacy Policy informs you of how we collect and process your personal data, including that which you provide by voluntarily “opting in” to receive a free resource, subscribing to our list or newsletter, purchasing a product or service, or contacting us via our website, as well as that which we may collect automatically from you based upon your activity on our Website.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience. If you elect to fill out the “contact us” portion of our website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, we may collect information including your name, email address, phone number, information you share with that social media platform, as well as the text of any message you send electronically. This data will be processed based on our legitimate interest in communicating with you and/or answering any questions or concerns you have. We may also retain your data to keep a record of the communication.

When do we collect information?

We collect information from you when you place an order, subscribe to a newsletter, fill out a form or enter information on our site. If you become a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services you have requested, including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary in order to complete purchase of the product or service you elect to buy. We will collect and process this data in order to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We use third party data processors to take and complete payment, and we will not retain nor have access to your payment information.

If you are on our email list due to your consent to be added, or our legitimate interest in engaging in direct marketing, we may also use your data to send you targeted social media advertisements or upload your information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list, or contact us with any questions or concerns.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

·       To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.

·       To improve our website in order to better serve you.

·       To quickly process your transactions.

·       To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

We do not include or offer third party products or services on our website.

Google

Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

We have implemented the following:

·       Demographics and Interests Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

For California Residents: 

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/

According to CalOPPA we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any material privacy policy changes:

·       On our Privacy Policy Page

Users are able to change their personal information:

Please be aware we may disclose information provided if we are required to do so by law, or if there is an honest, good faith belief that such disclosure is necessary to protect the rights of our website or of Sarah James Carter that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may being committed, or to protect that safety or rights of our other uses. This information may also be shared as a result of the sale of Sarah James Carter or any branch of the company, as well as with any joint venture partners or affiliate marketers, should we deem it necessary to share such information. We will always take all reasonable measures to protect and safeguard your information.

Your Rights to Control Your Information

You have the right to update, edit, or delete your information from our database. You may “unsubscribe” from our list at any time, by clicking the “unsubscribe” button at the bottom of any email we send you from our list. You may also log into your account and delete the account. Should you wish to request access to information that Sarah James Carter has about you, correct or edit any information, or unsubscribe from our email list, and/or remove or delete your information from our database, you also have the option to do so at any time, free of charge, by reaching out to us at: Sarah James Carter hello@sarahjamescarter.com. 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Sarah James Carter does not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users of any material changes via email

·       Within 7 business days

We will notify the users of any material changes via in site notification

·       Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

·       Send information, respond to inquiries, and/or other requests or questions.

·       Process orders and to send information and updates pertaining to orders

·       We may also send you additional information related to your product and/or service.

·       Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

·       to not use false, or misleading subjects or email addresses

·       Identify the message as an advertisement in some reasonable way

·       Include the physical address of our business or site headquarters

·       Monitor third party email marketing services for compliance, if one is used.

·       Honor opt-out/unsubscribe requests quickly

·       Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can unsubscribe by following the instructions at the bottom of each email and we will promptly remove you from all correspondence.

Right of Access, Right to Rectification Right to Restriction of Processing, Right to Data You have the right to request information about how your data is being used, request a copy of the data we have, correct or edit data you initially provided us, restrict how we process your data in certain circumstances, receive your personal data in order to use it elsewhere. Please contact us at the above email address for more information.

Right to be Forgotten

You have the right to withdraw your consent to give us your Personal Information by clicking the “unsubscribe” link at the bottom of any email we send to you. Once unsubscribed, we will remove you from our list, and you should not receive any further emails from us, absent a technical glitch.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below:

Sarah James Carter Email Address: hello@sarahjamescarter.com

Disclaimer

The website https://www.sarahjamescarter.com/ (hereinafter referred to as “Website”) are owned and operated by Sarah James Carter, a Texas Sole Proprietorship (hereinafter “we” “us” “our” “Sarah James Carter”). Please read the following Disclaimer before using our Website – by visiting and using Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read this Disclaimer to the point that you feel you understand the terms outlined herein, and agree to be bound by them.

1.    Website Use

A. To access or use Website, you must be 18 years or older and have the required mental capacity to enter into and abide by this Disclaimer. By using Website, you represent that you are at least 18 years of age, and that you agree to the Disclaimer herein. Use of Website by anyone under 18 is not authorized or condoned by us.

B. This Disclaimer may be subject to changes or updates, and Website may or may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and the burden is on the user to routinely check Disclaimer for updates. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it. If you are not in agreement with the Disclaimer as is, please do not use our Website or any of the content that appears thereon.

2.    Purpose

A. The purpose of Website is solely to provide educational and general information about health, wellness, exercise, and mindset, to share the author and select contributing writer’s personal opinions and experiences, and to provide information on our products and services available for purchase. Any content on this website or provided as a result of your decision to opt-in to our email list has been created solely for the purpose of education and for informational purposes only, and is not intended as personalized advice. Should you elect to act on the information you read, or purchase a product or service from us, you acknowledge and understand you are making an independent decision that the information is right for you. By visiting Website, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this website or distributed via email is intended to take the place of a consultation with a licensed therapist, physician, dietician, nutritionist, counselor, or medical professional of any kind.

3.    Medical Disclaimer – Not Medical or Professional Advice

A. The content on Website is not to be considered medical advice for any reason, and nothing herein is intended to provide or act as a substitute for mental or physical health treatment. You merely reading information on Website does not make you a client of Sarah James Carter, and we are not attempting nor suggesting you follow the content on Website instead of or in place of a personalized consultation with a relevant professional who knows your specific situation. The information contained on Website, written and sent out via email, or made available through our products, programs, and services is not intended to be a substitute for personalized coaching, medical advice or therapy/counseling, nor is anything contained herein designed to provide you with a medical diagnosis, treatment, or other medical services. By visiting this site you understand and agree this website is not providing any medical advice, is not providing any counseling or therapy services, is not a substitute to you seeking personalized therapy for yourself or someone else, nor is it attempting to diagnose or treat any mental or physical medical conditions.

B. We encourage you to consult your physician and/or a licensed therapist if you suspect you may benefit from such services. We will assume that all individuals choosing to consume or implement any information found on Website will have previously obtained clearance and permission from their applicable personal medical physician or therapist, and has concluded that coaching information may be useful or right for them. We also encourage you to use common sense in determining whether any such content is right for you or your child, and trust that you will discuss with a personal medical professional prior to following any such information. Nothing contained on Website is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.

4.    Voluntary Participation

A. By choosing to visit this site and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of Website and any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. The information contained on Website is intended as general information only; we cannot know your individual medical or physical state, and do not claim to know what may or may not work for you. As such, you agree that you are fully responsible for your health and well-being, and any decisions you make to implement or follow anything you find on Website.

5.    No Guarantees

A. The purpose of Website and the content herein is designed to provide you with useful information, and to support and assist you in reaching the goals you desire. However, individual success depends on your own physical, mental, and emotional state, as well as your dedication, effort, and commitment. While we make every effort to help our clients, we cannot predict results, nor are we able to know your personal situation; therefore, We cannot guarantee that you will attain certain results. You agree and understand that we do not make any guarantees regarding any specific results from using information found on Website, and that any success will come in large part to your own personal situation and dedication.

B. Earnings Disclaimer: We also do not make any guarantees or assurances regarding a particular financial outcome based on use of Website, nor are we responsible for Your earnings, any increase or decrease in your finances based upon information you interpreted from Website. Any information or testimonials contained herein that contain financial information are individual results that may vary. The decision to use or implement any information contained on Website is solely your own, and you agree we are not responsible for any financial outcomes.

6.    Limitation of Liability

A. You understand and agree that your participation in using our website and/or adding yourself to our email list is wholly voluntary, and you are solely and personally responsible for your actions, choices, and any results therein. You understand there are sometimes unknown risks and circumstances that may arise during or following use of our Website or products, that cannot be foreseen or anticipated, but may influence or affect your business or you as an individual. You understand and agree that any suggestion or recommendation of a product, service, coach, or otherwise through our Website is purely information – any decision to act upon these suggestions is to be taken by you, at your own risk, without any liability on the part of Sarah James Carter. You agree to accept all risks herein.

B. Your use of this Website constitutes an agreement and acceptance that you will absolve Sarah James Carter as well anyone acting as an agent, consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with the company in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.

7.    Indemnification

A. You agree at all times to defend, fully indemnify and hold harmless Sarah James Carter and any affiliates, agents, team members or other party associated with it from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should Sarah James Carter be required to defend themselves in any action directly or indirectly involving you, or an action where Sarah James Carter decides your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by Sarah James Carter, free of charge.

B. We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.

C. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that Sarah James Carter is not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that Sarah James Carter is not liable for any damages incurred as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by Sarah James Carter and you agree to release Sarah James Carter from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.

8.    Accuracy

A. Although we have spent considerable time and effort in creating the products and services on https://www.sarahjamescarter.com/ and the content provided herein, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website content or our products. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this website, you acknowledge and understand this information, and agree you have chosen/will choose to utilize the Website and/or the products voluntarily. You agree that Sarah James Carter is not responsible for the accuracy of our Website, or for any errors or omissions that may occur on the site or in our products.

B. Similarly, you understand your obligation to provide only authentic, accurate information to Sarah James Carter, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

9.    Testimonials

A. Website may feature testimonials from clients from time to time, in order to provide readers with additional comments from others’ experiences with Website, Sarah James Carter Services offerings, and products or services offered. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.

10. Affiliates and Endorsements

A. From time to time, we may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company whom we feel aligns with our products or services. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result. Please note we will only feature or promote coaches, businesses, or products that we wholeheartedly agree with and believe in, and genuinely believe will help our audience.

B. However, you understand and agree that you must use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.

C. Similarly, references to other coaches, information, events, services, products, opinions, or companies on our Website, blog, or emails is meant purely as a way to share information, not as an endorsement or suggestion that you purchase or use whatever is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.

11. Warranties

A. You understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.

Your use of the website https://www.sarahjamescarter.com/ constitutes full and complete acceptance and agreement to this Disclaimer. Please contact hello@sarahjamescarter.com with any questions or concerns.

Testimonial Release

These are the legally binding agreements of submitting a testimonial.

This TESTIMONIAL RELEASE AGREEMENT dated as of [insert date here] 2020 (“Agreement”) between I,  [insert name], and Sarah James Carter (hereinafter called “Owner“), in connection with the Testimonial Statement and/or Inventory of Testimonial Materials, provided via email, text, Typeform or online form, provides the following:

Authorization and Release Information

I understand my testimonial as outlined in email, text, Typeform or online form (the “Testimonial“) and made on behalf of Owner may be used in connection with publicizing and promoting Owner’s services. I authorize Owner to use my name, brief biographical information, and the Testimonial as defined on this form.

I hereby irrevocably authorize Owner to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing Owner’s programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites, and posted on social media platforms, including but not limited to Instagram, Facebook, and LinkedIn, or in any other distribution of media, including, but not limited to email marketing, marketing materials, and promotional content. I agree that I will make no monetary or other claim against Owner for the use of my Testimonial, nor will I seek compensation of any kind in the future. I agree that I willfully provided the Testimonial, Owner did not solicit this Testimonial from me, and Owner does not owe me compensation of any kind.

In addition, I waive any right to inspect or approve the finished product created by Owner, including written copy, wherein my likeness or my Testimonial appears.

I hereby hold harmless, indemnify, and release Owner from all claims, demands and causes of action which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I have read the authorization and release information and give my consent for the use as indicated above.