This website is owned and operated by Growing Authentically LLC (the “Company”) and the “Terms” below set for the terms and conditions under which you may use this website and services as offered.  This website offers visitors information about the Company, the Company’s founder Jill Schuler, and services offered.  

 

Please read this page carefully.  By using this website and/or participating in any services offered by the Company, you are confirming that you have read the Terms, understand the Terms, and agree to be bound by these Terms.  If you do not accept these Terms, do not use this website or purchase any services listed on the website.  

 

Use of Website

​In order to use this website and/or receive any services, you must be at least eighteen (18) years of age or of the legal age of majority in your jurisdiction and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement.  You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

You may not use the website in order to transmit, distribute, or store material (i) in violation of any applicable law or regulation, (ii) in a matter that will infringe the intellectual property rights of others, or violate the privacy or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.  

 

You agree that you are solely responsible for the form, content, and accuracy of any material submitted by you through the website.

 

You are forbidden from (a) causing damage to this website, (b) using his website to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software, or (c) using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.  

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Privacy

If you submit any information (including personal information) to this Website, such information will be subject to the Company’s Privacy Policy. 

 

Purchases

When purchasing any services, you agree that (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process and (iii) you will review and execute the Company’s service agreement before any services are delivered to you.

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Pricing

The prices the Company charges for services are listed on the website.  The Company reserves the right to change prices for services displayed at any time, and to correct pricing errors that may inadvertently occur.  The fee for the services and any other charges you may incur in connection with your purchase, such as taxes (including the Hawaii General Excise Tax) and possible transaction fees, will be charged to your payment method. 

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Services

The Company may, without prior notice, change the services, stop providing services or any features of the services the Company offers; or create limits for the services.  The Company may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.  If the Company terminates services after you have purchased such services and before the Company has rendered such services, the Company will refund your payment in the amount of any services not rendered.    

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Third-Party Service Providers

The Company may use third-party service providers for various services, including but not limited to booking, scheduling, collecting information and collecting payment for services.  The terms of use and privacy policy on such third-party service provider sites govern your use of such sites.  The Company is not responsible for or liable for any content or actions taken by such third-party companies or websites.  The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claims against the Company with respect to such sites.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transactions with any of these third parties.

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Disclaimer

This website and services offered on the website provide information only and do not provide any financial, legal, medical, or mental health services or advice.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, actions and results.   You should consult with a professional services provider for any professional advice such as your own accountant, lawyer, financial advisor, or medical professional if you have specific questions about your unique situation.   

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No Warranty

USE OF THE WEBSITE AND ANY SERVICES PROVIDED ARE WITHOUT WARRANTY OF ANY KIND.  

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YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES IS AT YOUR OWN RISK.  THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER POTENTIALLY HARMFUL MECHANISMS.  

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THE WEBSITE, ANY MATERIALS CONTAINED THEREIN AND ANY SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIALS, SERVICES, TEXT, GRAPHICS, OR LINKS.  

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THE COMPANY CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU TO THE COMPANY THROUGH THE WEBSITE (OR THE CONTACT INFORMATION ON THE WEBSITE) WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.  

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Waiver

BY PURCHASING ANY SERVICES, YOU ACCEPT, AGREE AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR ACTIONS, DECISIONS, PROGRESS AND RESULTS FROM YOUR PARTICIPATION IN SUCH SERVICES AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING ANY FUTURE OUTCOMES OR RESULTS OF ANY KIND.  

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Intellectual Property Rights

The services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all Intellectual Property Rights related thereto, are the exclusive property of the Company.  Except as explicitly provided here, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.  You agree you will not use any services or materials in a manner that constitutes an infringement on the Company’s rights or that has not been authorized by the Company.

You recognize and agree that by uploading any content or providing any information to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. 

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Termination

The Company may permanently or temporarily terminate or suspend your access to the website and/or the services without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations.  

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Indemnification

You agree to defend, indemnify and hold harmless the Company, its members, officers, employees and agents from and against any demands, damages, actions, suits, proceedings, loss, liability, claims, penalties, or expenses (including attorneys’ fees) arising out of, or in connection with (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any materials information, works and/or other content of whatever nature or media that you post or share on or through the website, (iv) your use of the website or any services that the Company provides, and (v) your conduct in connection with the website or the services or with other users of the website, your use of the website or any of the services offered on the website.  

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Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, OFFICERS AND EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE AND/OR SERVICE(S).  

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS MEMBERS, OFFICERS AND EMPLOYEES, ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY PERSONAL INFORMATION PROVIDED THROUGH THE WEBSITE.  

 

THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR ACCESS TO OR USE OF THE WEBSITE SHALL NOT EXCEED $1.00.

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Promotional Content

You agree to receive promotional messages and materials from us from time to time by email or any other contact form you may provide us with (including your phone number for calls or text messages).  If you do not want to receive such promotional materials or notices, please notify us at any time at privacy@growingauthentically.com .

 

Governing Law & General Terms

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the state of Hawaii, without respect to its conflict of laws principles.  The nearest state and federal court to Hilo, HI shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms.  By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts.

 

If any provision of these Terms is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.    

 

The Company reserves the right to modify these terms from time to time in its sole discretion.  You should review these pages periodically.  Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms.  If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the services.  

 

Last Updated: October 1, 2024