BY PURCHASING FROM WWW.DIANAWAYNE.COM, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.
This website is operated by Spencer and Ross, LLC dba Diana Wayne. Throughout the site, the terms “we”, “us”, and “our” refer to Spencer and Ross, LLC. Spencer and Ross, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
By visiting our site and/or purchasing something from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms of Conditions”, “Terms”), including those additional terms and conditions and policies referenced within this Agreement and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Use of www.dianawayne.com, including all materials presented herein and all online services provided by Spencer and Ross, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Any new products, resources, features, or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
Due to the nature of this course, we generally do not offer refunds after purchase. However, if you find that after accessing the first module, that you do not like the course or do not feel like it’s a great fit for you, we offer a full refund ONLY until 7 days after module one release by 11:59 PM and completion of first module and homework by 11:59pm PST, 7 days after purchase . Keep in mind that by requesting a refund, we REQUIRE that you send us an email to [email protected] with your COMPLETED Module One homework for proof that you at least committed to making the course work for you.
We reserve the right to refuse your refund if you do not show us that you accessed and completed the first module. Under no circumstances are refunds offered after the cut-off date 7 days after purchase. After that date, you are responsible for making all of your payments on time and in full.
PARTICIPANT RESPONSIBILITY. As a Participant, you understand and agree that you are fully responsible for any physical, mental and emotional well-being, including any choices and decisions. You understand that any program, group coaching, and/or individual is not to be used as a substitute for professional advice by medical, legal, financial, business, or other qualified professionals. You will seek independent professional guidance for medical, legal, financial, business, or other matters. You understand that all decisions in these areas are exclusively yours and you acknowledge that your decisions and your actions regarding them are sole your responsibility.
You understand that this program consists of insights based on experience and studies of energy, grief, and healing, and is no guarantee of success. Spencer and Ross, LLC will endeavor to provide the best possible insights, training, channeling, and coaching to you; however, you agree to hold Spencer and Ross and its representatives harmless from all claims, acts and omissions associated with the services provided herein.
PAYMENT
You are responsible for paying for the Course in full and for providing Coach with a valid credit card or other payment method. If the payment is declined, returned or deemed fraudulent, your access to the Course will be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Course will be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the Course unless all remaining payments are made in full.
GENERAL CONDITIONS
Spencer and Ross, LLC and www.dianawayne.com (“We”) reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your grief or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Spencer and Ross, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or
CONFIDENTIALITY
To access certain features of the Course, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If operators of www.dianawayne.com has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded course material to any other person, we have the right to suspend or terminate your account and refuse any and all current or future use of the website and online courses, in whole or part, without refund.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PRODUCTS AND/OR SERVICES ARE NOT A REPLACEMENT FOR TREATMENT OF SEVERE DEPRESSION AND/OR TREATMENT SUICIDAL THOUGHTS. IF YOU ARE HAVING SUCIDIAL THOUGHTS, PLEASE SEEK IMMEDIATE PROFESSIONAL MEDICAL HELP.
PRIVATE FACEBOOK GROUP
Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the Course (the “Group”). The Group is a complimentary bonus and subject to Facebook terms and conditions. We do not have authority or control over Facebook and cannot predict any changes or rules to Facebook. We are not liable for the Group being made available to you or your rights to access Facebook. Additionally, we may institute community rules and guidelines for the Group with which you agree to comply.
ADULT LANGUAGE/CONTENT. During the course and or coaching programs, we will discuss several adult topics relating to your growth. We will also occasionally use adult or profane language to emphasize a point or connect with or surprise the audience (though we will never be lewd, and we will always use tact and discretion in doing so). Participants who are uncomfortable with such topics or language should not participate in coaching, group programs, or courses.
PERSONAL INFORMATION AND PRIVACY
We and her third-party vendors may collect information from you when you purchase the course, programs, coaching and you fill out any type of form, access private membership pages, or otherwise contact us via an online form, e-mail or through social media. The information collected may include your name, e-mail, address, phone number, and billing information. We collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions and improve website performance and customer service. By purchasing the Course, you will be subscribed to our e-mail list if you are not already a subscriber. If you wish to unsubscribe from receiving e-mails from us unrelated to the Course, you may do so at any time. Each e-mail from us includes a link to unsubscribe from e-mail communications. Just be certain to not unsubscribe from the Course list or you will no longer receive information and course materials related to the Course purchased. We may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. We respect your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. We may, however, share your information with third party service providers working on our behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or e-mail platforms or to process financial transactions. We may also be required by law to release information in certain circumstances. Please note that any comments or information that you post on the Course website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. We is not responsible for any unauthorized uses by third parties in such context. Any third-party links to products or services are subject to separate privacy policies. We is not responsible for or liable for any content on or actions taken by such third-party websites. These courses and coaching program are targeted and intended for persons over the age of 18. We do not knowingly collect information from anyone under 18 years of age.
OUR INTELLECTUAL PROPERTY
This Site and Service(s) contain intellectual property owned by Spencer and Ross, LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the course(s) name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SPENCER AND ROSS, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SPENCER AND ROSS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SPENCER AND ROSS LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM SPENCER AND ROSS, LLC AND/OR GRIEVEANDLIVE.COM AND IF NO PURCHASE HAS BEEN MADE BY YOU, SPENCER AND ROSS, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
CHANGES TO POSTED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Spencer and Ross, LLC pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Spencer and Ross, LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Spencer and Ross, LLC.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Spencer and Ross, LLC
10190 Katy Fwy, Suit 352
Houston, TX 77043
E-mail address: [email protected]
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Harris County, Texas. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defense of forum non conveniens.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you, is invalid.
Questions about these Terms and Conditions? Email us at [email protected].
Updated: April 2022