Agreement between User and www.taramanna.com
Welcome to www.taramanna.com. The www.taramanna.com website (the “Site”) is comprised of various web pages operated by Tara Manna Creative LLC (“Tara Manna”). www.taramanna.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.taramanna.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of www.taramanna.com is subject to Tara Manna’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.taramanna.com or sending emails to Tara Manna Creative LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tara Manna Creative LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Tara Manna Creative LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You agree that every content or information you provide will not be inaccurate, false or misleading. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing the Services to you.
Children Under Thirteen
Tara Manna Creative LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.taramanna.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Due to the inherent irrevocability of the transmission of knowledge, refunds will not be rendered for any information, digital, coaching or consulting products purchased through www.taramanna.com or any third party site that www.taramanna.com uses to host and sell it’s digital products, regardless of your financial situation, viewing of the information product, following of the advice contained therein, or of any other factor with a few specific digital product/membership exceptions. Bloom, Become the Woman you Want to Be has a 7 day refund policy. The Skincare Like a Pro Members Club monthly membership, allows cancellations with a 30 day notice. Annual memberships for the Skincare Like a Pro Members Club are non-refundable. Refunds for Skincare Like a Pro Members Club will not be provided under any circumstances as the user gains full access to all content upon registration. Tara Manna Creative LLC feels confident that course and product descriptions are detailed via the website and in email correspondence. Please read all details and description of each course and/or product to fully understand before purchasing. Digital information products and courses are designed to be performed to completion; failure to complete a course will reduce or eliminate its effect upon the customer. Though Tara Manna Creative LLC strongly believes in the value of the advice found within its information products, results are not guaranteed. Tara Manna Creative LLC disclaims any express or implied warranties.
Links to Third Party Sites/Third Party Services
www.taramanna.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Tara Manna Creative LLC and Tara Manna Creative LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tara Manna Creative LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tara Manna Creative LLC of the site or any association with its operators.
Certain services made available via www.taramanna.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.taramanna.com domain, you hereby acknowledge and consent that Tara Manna Creative LLC may share such information and data with any third party with whom Tara Manna Creative LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.taramanna.com users and customers.
Payments
Payments for products and services from the Company are made through third party resources, including PayPal, Square, Stripe, and directly through merchants for online courses and programs such as Thinkific.com. Tara Manna Creative LLC cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold the Company and Tara Manna harmless in such matters.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.taramanna.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tara Manna Creative LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tara Manna Creative LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tara Manna Creative LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tara Manna Creative LLC and the copyright owner. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tara Manna Creative LLC or our licensors except as expressly authorized by these Terms.
We reserve the right to withdraw or change website features at any time and by any means without prior notice.
International Users
The Service is controlled, operated and administered by Tara Manna Creative LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Tara Manna Creative LLC Content accessed through www.taramanna.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Tara Manna Creative LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tara Manna Creative LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tara Manna Creative LLC in asserting any available defenses.
The resources made available by and through www.taramanna.com are an informational resource. The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. The information in this website or otherwise provided should not be interpreted as medical advice.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tara Manna Creative LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TARA MANNA CREATIVE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TARA MANNA CREATIVE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TARA MANNA CREATIVE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TARA MANNA CREATIVE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TARA MANNA CREATIVE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Tara Manna Creative LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tara Manna Creative LLC as a result of this agreement or use of the Site. Tara Manna Creative LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tara Manna Creative LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tara Manna Creative LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tara Manna Creative LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tara Manna Creative LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Tara Manna Creative LLC reserves the right, in its sole discretion, to change the Terms under which www.taramanna.com is offered at any time without prior notice. The most current version of the Terms will supersede all previous versions. Tara Manna Creative LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Tara Manna welcomes your questions or comments regarding the Terms:
Tara Manna
200 Gateway Drive
Lincoln, California 95648