Terms & Conditions

SWIRLY MAPPING WORKSHOP

Please read the Terms & Conditions for the Product carefully and in their entirety before purchasing and using the Swirly Mapping Workshop (hereinafter referred to as the “Product”). The Product and its content are owned by subliminal shift LLC.

“Company”, “We”, “I”, “Our”, or “Us” means Sierra McDaniel + subliminal shift LLC. 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Product.

“Product” means the Swirly Mapping Workshop. 

“You” “User” or “Your” means the purchaser and person using the Product.

2. Consent:

By purchasing the Product, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions.

3. DISCLAIMER:

By participating in the Product, you understand that Sierra McDaniel is a certified nutritional therapy practitioner, human design reader, and self-taught mentor for female entrepreneurs. We are not medical doctors, psychologists/psychiatrists, financial professionals, or other licensed medical professionals. Before trying, you are expected to discuss any changes to your business or financial health with your financial professional. 

This Product is for informational and educational purposes only. The information and education provided in this Product are not intended or implied to supplement or replace professional financial or business advice.

Although we do our best to make sure all of the Products’ content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the accuracy of the Product’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your business with a business or financial professional.

4. Assumption of the Risk:

YOU MUST ENSURE YOU ARE FINANCIALLY CLEARED BY YOUR FINANCIAL PROFESSIONAL TO PARTICIPATE IN THE PRODUCT BEFORE PARTICIPATING. If you have any business or financial limitations, please have them cleared by your financial professional before attempting to participate in the Product. 

By purchasing and participating in the Product, you are assuming the risk of participating in it and agree to only participate if financially cleared to do so. We are not responsible or liable for your participation in the Product. 

5. Intellectual Property Ownership:

The Product and its content, including but not limited to all of the video content inside the Swirly Mapping Workshop along with the private podcast feed are intellectual property owned by Sierra McDaniel and subliminal shift LLC.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Product or its content with anyone else. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Product, you will be removed from the Product access immediately and no refund will be issued. 

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Product in any way. The Product is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Product.

9. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, subliminal shift LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Product, its materials, our website, or any other information obtained by you from us. By enrolling in the Product, you hereby agree to this limitation of liability and release subliminal shift LLC from any and all claims.

By participating in and/or purchasing the Product, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless subliminal shift LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Product and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms & Conditions. 

By enrolling in the Product, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless subliminal shift LLC as stated in this section herein. 

10. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Product, refunds will not be issued for the Product once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sierra McDaniel at [email protected]

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Product. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

11. ARBITRATION CLAUSE:

If you have any complaints or should any issue arise in the use of the Product, please contact us directly first by emailing Sierra McDaniel at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sierra McDaniel + subliminal shift LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Encinitas, California.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to subliminal shift LLC for the applicable Product. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:

Sierra McDaniel + subliminal shift LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Product. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Product or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

13. PAYMENT & PURCHASE TERMS

When you pay for the Product by credit card, you authorize and give permission to subliminal shift LLC to charge your credit or debit card for the amount owed for payment of the Product. When you purchase the Product, your information (i.e. credit card and contact info) may be collected by the third-party merchants Flodesk and Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. subliminal shift LLC is not responsible for the merchant’s independent policies or practices.

14. Severability 

The provisions of these Terms & Conditions shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms & Conditions shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms & Conditions as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

15. Entire Agreement

These Terms & Conditions contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Applicable Law + Venue

These Terms & Conditions shall be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms shall be brought within the California, County of San Diego.

By purchasing and/or participating in the Product, you implicitly signify your agreement to all of the terms in these Terms & Conditions.

If you have any questions about the Terms & Conditions, please contact Sierra McDaniel at [email protected]. Thank you.