Phases - Online Terms and Conditions
Agreement between User and www.phases1111.com
​
THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND PHASES, PHASES - INTUITIVE HEALING, PHASES - INTUITIVE LIFE COACHING PROGRAM AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES. (“WE,” OR “US) AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.PHASES1111.COM AND OTHER SITES CREATED BY US FROM TIME TO TIME (THE “SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.
​
Welcome to www.phases1111.com. The www.phases1111.com website (the "Site") is comprised of various web pages operated by Phases - Intentional Healing ("Phases"). www.phases1111.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.phases1111.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.phases1111.com is an E-Commerce Site.
The purpose of Phases - Intentional Healing is to provide products, services, and resources for those looking to step in to their soul's purpose and meaning. We help those who feel lost, alone, or confused find clarity as we help to illuminate the path to their ideal life. We provide a safe space for people to grow and heal. We are not a licensed mental health provider and cannot provide services that diagnose, treat, prevent, or cure any mental, physical, or emotional conditions.
​
The purpose of Phases - Intuitive Life Coaching is to provide services and resources for those looking to heal and step in to their soul's purpose and meaning. Our goal is to help provide clarity through intuitive and intentional means. We provide a safe space for people to grow and heal. We are not a licensed mental health provider and cannot provide services that diagnose, treat, prevent, or cure any mental, physical, or emotional conditions.
Privacy
Your use of www.phases1111.com is subject to Phases'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.phases1111.com or sending emails to Phases 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 Phases is not responsible for third party access to your account that results from theft or misappropriation of your account. Phases and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
​
​
Your Conduct
​
You agree that you will not use the Site or Services in a manner that:
-violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities
-is fraudulent, deceptive or misleading
-is threatening, harassing, discriminatory, libellous, defamatory, pornographic, or obscene
-violates anyone's rights of privacy, publicity or other rights
-violates any contractual or fiduciary obligations
-infringes on any copyrights, trademarks, services marks, trade secrets, patents, or other intellectual property rights (collectively, 'Intellectual Property Rights')
-has an adverse effect on our business, reputation or ability to provide Services; or
-would otherwise be reasonably deemed objectionable under the circumstances;
You agree that you will not violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products.
You agree that you will not use the Site or Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information
You agree that you will not violate or attempt to violate the security of the Site or Services
You agree you will not reverse engineer, decompile or disassemble any portion of the Site or Services
You agree that you will not 'scrape' information from the Site or Services by automated means
You agree that you will not interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Site or Services
You agree that you will not use, redistribute, or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Site or Services or otherwise in writing by Phases
You agree that you will not reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Site or Services, including any Products, in whole or in part, except as expressly provided in these Terms.
​
​
Children Under Thirteen
Phases 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.phases1111.com only with permission of a parent or guardian. Life Coaching Services are offered only for persons 18 years of age or older.
​
​
Parental Permissions
​
Please see above clause (Children Under Thirteen). Phases does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. We strongly recommend the involvement of parents/guardians in the exploration of the internet and any Services and use browser's parental controls to limit areas of the internet children of access to.
Cancellation/Refund Policy
Cancellation Window:
-Clients may cancel or reschedule a coaching session with at least 48 hours’ notice.
-If less than 48 hours’ notice is given, the applicable fee for the session may be charged.
Refunds:
-Refunds will be considered on an individual basis, at the discretion of Phases.
-Clients who cancel within the specified window may be eligible for a refund, minus any transaction fees.
Session Rescheduling:
-Once coaching sessions are scheduled, they are considered set appointments.
-Clients may request to reschedule a session with at least 24 hours’ advance notice.
-Missed sessions or cancellations with less than 24 hours’ notice will be forfeited.
Unused Sessions:
-If unexpected circumstances prevent a client from completing all scheduled sessions, they may request a refund for the remaining sessions.
-Approved refunds will be issued, minus any transaction fees.
Communication:
-Clients should communicate any changes or cancellations via email. (Findbalance@phases1111.com)
Disclaimer:
-Coaching services are not a substitute for professional mental, physical, or emotional health care.
-We encourage all clients seek qualified health professionals for specific mental, emotional, or physical health concerns.
Links to Third Party Sites/Third Party Services
www.phases1111.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Phases and Phases 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. Phases is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Phases of the site or any association with its operators.
Certain services made available via www.phases1111.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.phases1111.com domain, you hereby acknowledge and consent that Phases may share such information and data with any third party with whom Phases has a contractual relationship to provide the requested product, service or functionality on behalf of www.phases1111.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.phases1111.com strictly in accordance with these terms of use. As a condition of your use of the Site or Services, you warrant to Phases that you will not use the Site or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Services in any manner which could damage, disable, overburden, or impair the Site or Services or interfere with any other party's use and enjoyment of the Site or Services. 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 or Services.
All content included as part of the Service(s), such as text, graphics, logos, images, products (subject to payment, where applicable), as well as the compilation thereof, and any software used on the Site, is the property of Phases 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 unless you receive written approval prior. Phases reserves the right to suspend, change, or discontinue any aspect of the Services at any time, including availability of any feature or content.
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 or Services without the express written consent of Phases and the copyright owner. Phases content is not for resale. Your use of the Site or Services 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 Phases and the copyright owner. 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 Phases or our licensors except as expressly authorized by these Terms. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the services, in whole or in part, including your right to use any products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
​
​
Proprietary Rights
​
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, 5 of 9 layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Madelynn Hill, Phases - Intentional Healing, Phases - Intuitive Life Coaching, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/ or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Madelynn Hill, Phases, Phases - Intentional Healing, and Phases - Intuitive Life Coaching retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Site and Services except as expressly permitted under these Terms.
​
Third Party Accounts
You will be able to connect your Phases account to third party accounts. By connecting your Phases account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Phases 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 Phases Content accessed through www.phases1111.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 Phases, 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. Phases 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 Phases in asserting any available defenses.
​
​
Representations and Warranties
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
​
​
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 Phases 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. PHASES - INTENTIONAL HEALING, PHASES - INTUITIVE LIFE COACHING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PHASES - INTENTIONAL HEALING, PHASES - INTUITIVE LIFE COACHING 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. PHASES - INTENTIONAL HEALING , PHASES - INTUITIVE LIFE COACHING, 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 NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHASES - INTENTIONAL HEALING, PHASES - INTUITIVE LIFE COACHING, 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 PHASES - INTENTIONAL HEALING, PHASES - INTUITIVE LIFE COACHING 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.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, 2 of 9 SOLICITATION, OFFER OR OPINION BY MADELYNN HILL, PHASES - INTENTIONAL HEALING, PHASES - INTUTIVE LIFE COACHING, AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS, AND REPRESENTATIVES OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
​
Termination/Access Restriction
Phases 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 Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah 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 Phases as a result of this agreement or use of the Site. Phases's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Phases'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 Phases 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 Phases with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Phases 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
Phases reserves the right, in its sole discretion, to change the Terms under which www.phases1111.com is offered. The most current version of the Terms will supersede all previous versions. Phases encourages you to periodically review the Terms to stay informed of our updates.
​
Links
​
The Site or Services may contain links to sites we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns to their respective site administrators or webmasters.
​
​
Miscellaneous
​
No joint venture, partnership, employment or agency relationship exists between you and Madelynn Hill, Phases, Phases - Intentional Healing, and/or Phases - Intuitive Life Coaching as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Madelynn Hill, Phases, Phases - Intentional Healing, and/or Phase - Intuitive Life Coaching with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Madelynn Hill, Phases, Phases - Intentional Healing, and/or Phases - Intuitive Life Coaching may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Madelynn Hill, Phases, Phases - Intentional Healing, and/or Phases - Intuitive Life Coaching shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Madelynn Hill, Phases, Phases - Intentional Healing, and/or Phases - Intuitive Life Coaching. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.
​
​
Contact Us
Phases welcomes your questions or comments regarding the Terms:
Phases - Intentional Healing
United States of America
Email Address: Findbalance@phases1111.com
Effective as of February 28, 2024
​
This is a RocketLawyer.com document.