Terms and Conditions of Use

Better Self Better Life Enterprises LLC

DBA- Melissa Garvey Coaching

Effective Date: 8/1/2025

Welcome to MelissaGarvey.com. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE These Terms and Conditions of Use govern Your access to and use of this Website.

Better Self Better Life Enterprises, LLC, a California Limited Liability Company doing business as Melissa Garvey Coaching (“Company,”  “we,” “us,” or “our”), owns and operates this website and any related web services, products, or social media platforms offered now or in the future.

For clarity, the capitalized terms used in these Terms and Conditions of Use are defined as follows:

  • “You” and “Your” refer to any user accessing or using melissagarvey.com, including visitors, subscribers, and customers.
  • “We”, “Us”, “Our”, and the “Website” refer to melissagarvey.com and its owners, operators, and authorized representatives of Better Self Better Life Enterprises LLC.
  • “Terms and Conditions”, “Terms and Conditions of Use”, and “these Terms” refer to this policy.
  • The Terms of Use and Privacy Policy (collectively, the “Terms”) govern your use of the Site and all services or products we make available (collectively, the “Services”). These Terms constitute a legally binding agreement between Better Self Better Life Enterprises, LLC DBA Melissa Garvey Coaching and you as the user of this Site (personally and, if applicable, on behalf of any entity for whom you are using the Site).

By visiting, browsing, using products or services provided by this Website, or otherwise interacting with this Website, You confirm that You have read, understood, and agree to comply with these Terms and Conditions of Use. This includes agreeing to any disclaimers , privacy policies, and cookie policies associated with this Website, which are an integral part of these Terms and Conditions and are incorporated herein by reference.

If you access any Melissa Garvey Coaching content on social media networks (such as Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of those respective social media platforms.

What Are These Terms and Conditions of Use?

These Terms and Conditions of Use are a legally binding agreement between You and MelissaGarvey.com that sets out the rules for using this Website.

 

They tell You:

  1. What You are allowed to do on the Website.
  2. What You cannot do.
  3. The rights and responsibilities of both You and Us.
  4. The limitations of Our liability, including what We are not responsible for and how We manage potential risks.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST STOP USING THE WEBSITE IMMEDIATELY. If you have any questions about these Terms, please contact us by email at support@melissagarvey.com

Intended Audience

This Website is intended for individuals who are 18 years of age or older. By accessing or using this Website, You confirm that You meet this age requirement.

Copyright Notice

All content on this Website, including, but not limited to, text, images, graphics, videos, trademarks, logos, brand identifiers, downloadable materials, and other media (the “Content”), is the property of Better Self Better Life Enterprises LLC.  or its licensors, unless otherwise specified, and is protected under applicable copyright laws, including international copyright treaties.

 

You may not use, reproduce, distribute, modify, or create derivative works from any Content on this Website without prior written permission from Better Self Better Life Enterprises LLC.

 

Some materials on this Website may belong to third parties and are used with permission. These materials remain the property of their respective owners and may be subject to additional terms provided by those owners.

 

All rights not expressly granted in these Terms and Conditions of Use are reserved by Better Self Better Life Enterprises LLC.

Permitted and Prohibited Use of This Website

Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access this Website and its Content for lawful purposes only. Your use of the Website must comply with these Terms and Conditions and all applicable laws and regulations.

Prohibited Use

You agree not to:

  1. Reproduce, distribute, modify, display, publish, or publicly perform any part of the Website or its Content without prior written consent.
  2. Create derivative works based on the Content or otherwise use the Content in a manner that competes with melissagarvey.com business.
  3. Download, copy, or otherwise use Content for any unauthorized purposes, unless expressly permitted under these Terms.
  4. Use automated tools, bots, scripts, or other data collection methods (including web scraping) to extract or harvest information from the Website.
  5. Attempt to reverse engineer, decompile, disassemble, tamper with, or otherwise manipulate the Website’s software, code, or functionality.
  6. Attempt to gain unauthorized access to the Website, its servers, systems, or networks, or engage in any activity that compromises its security.
  7. Upload, transmit, or distribute any viruses, malware, or other malicious code designed to harm, disrupt, or exploit the Website or its users.
  8. Use the Website to engage in any unlawful activity, including violating intellectual property rights, privacy rights, or other rights of third parties.
  9. Impersonate another person or entity or misrepresent your affiliation with any person or entity while using the Website.

Requesting Permission

If You wish to use any Content from this Website in ways not explicitly permitted under these Terms and Conditions, You must submit a written request for permission to support@melissagarvey.com. Permission may be granted or denied at Our sole discretion, and additional terms may apply if permission is granted.

User-Generated Content

If You submit comments or other content to the Website (“User-Generated Content”):

  1. You grant Better Self Better Life Enterprises LLC a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, display, distribute, and create derivative works from Your submission in any medium or format, for any purpose. This includes the right to sublicense these rights to third parties.
  2. You waive any moral rights or rights of attribution in connection with your submission, to the extent permitted by law.
  3. You warrant that your submission:
  • Does not infringe on the copyright, trademark, privacy, or other rights of any third party.
  • Complies with all applicable laws and regulations.
  • Does not contain any unlawful, harmful, defamatory, or otherwise objectionable material.

 

Better Self Better Life Enterprises LLC reserves the right to remove or modify any User-Generated Content at its sole discretion, without notice, for any reason, including but not limited to violations of these Terms and Conditions of Use.

 

BY SUBMITTING CONTENT, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Better Self Better Life Enterprises LLC, ITS OWNERS, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USER-GENERATED CONTENT.

 

If You believe that any User-Generated Content infringes your copyright, please send a notice to support@melissagarvey.com  with details of the infringement. We will review and remove infringing material as required by law.

     User Accounts

If this Website requires or allows You to create an account to access certain features, products, or services, the following terms apply:

 

Account Creation

  • You agree to provide accurate, current, and complete information during the account registration process. It is Your responsibility to keep this information up to date. MelissaGarvey.com  reserves the right to suspend or terminate accounts containing false, outdated, or incomplete information.

Account Security

  • You are solely responsible for maintaining the confidentiality of Your login credentials, including Your username and password. 
  • You agree not to share Your account information with others and to notify Us immediately at support@melissagarvey.com if You suspect any unauthorized access to Your account. 
  • By using the Website, You accept full responsibility for all activities that occur under Your account, whether or not such activities were authorized by You.

Termination of Accounts

  • Better Self Better Life Enterprises LLC reserves the right to suspend or terminate Your account, with or without notice, at Our sole discretion and for any reason or no reason at all, including but not limited to instances where You violate these Terms and Conditions of Use or other applicable policies, engage in fraudulent, illegal, or unauthorized activities, or if We determine that continued access to Your account is not in Our best interest.

No Transfer of Accounts

  • Accounts created on this Website are personal to You and may not be transferred, sold, or assigned to any third party without Our prior written consent.
  • You may terminate Your account at any time by contacting Us at support@melissagarvey.com. Termination of Your account does not relieve You of any obligations under these Terms and Conditions, including but not limited to indemnification and limitation of liability, which shall survive account termination.

 

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Disclosures and Disclaimers

 

These Disclosures and Disclaimers contain important information about the content, services, and relationships on melissagarvey.com (the “Website”).

 

For clarity, the capitalized terms used in these Disclosures and Disclaimers are defined as follows:

“You” and “Your” refer to any user accessing or using melissagarvey.com, including visitors, subscribers, and customers.

“We”, “Us”, “Our”, and the “Website” refer to melissagarvey.com and its owners, operators, and authorized representatives. 

For information regarding cookies, tracking technologies, third-party privacy policies, and related liability disclaimers, please refer to Our Privacy Policy [ADD PRIVACY POLICY LINK] and Terms and Conditions [ADD TERMS AND CONDITIONS LINK].

 

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE DISCLAIMERS AND DISCLOSURES.

General Errors and Omissions Disclaimer

The content provided on the Website is for educational and informational purposes only. While We strive to ensure the accuracy, completeness, and reliability of the information presented, We do not warrant or guarantee that the content is free from errors, omissions, or inaccuracies.

 

The content on the Website may not reflect the most current information, developments, or research in the topics discussed. Any reliance You place on the content is at Your own risk.

 

We disclaim liability for any errors, omissions, or outcomes resulting from Your use of or reliance on the content provided on the Website. For the most accurate and personalized information, consult qualified professionals in the relevant field. Your reliance on any information provided on the Website is voluntary, and We disclaim liability for any outcomes, damages, or losses resulting from Your use of, or reliance on, the content.

Health, Wellness, and Medical Advice Disclaimer

The content provided on the Website is for educational and informational purposes only and is not intended to diagnose, treat, cure, or prevent any medical or health condition. Melissa Garvey Coaching is NOT THERAPY. Nothing on the Website is a substitute for professional medical advice, diagnosis, or treatment.

 

Always seek the advice of a qualified healthcare professional regarding any medical condition, health concerns, dietary changes, or modifications to Your exercise routine or lifestyle.

 

The content on the Website may not reflect the latest medical or health research and is not tailored to Your specific circumstances. Your reliance on any information provided on the Website is voluntary, and We disclaim liability for any errors, omissions, or outcomes resulting from Your use of, or reliance on, the content.

Emotional Well-Being and Mental Health Disclaimer

The content provided on the Website is for educational and informational purposes only and is not intended to diagnose, treat, or cure any mental health condition. Nothing on the Website is a substitute for professional mental health advice, therapy, or treatment from a licensed mental health professional.  Coaching is different from Therapy Every effort has been made to differentiate the two and make appropriate referral to therapy as is appropriate. 

 

If You are experiencing a mental health crisis or require immediate assistance, please contact a qualified mental health professional, call Your local emergency number- 911, or reach out to a crisis hotline in Your area.

 

While We strive to provide accurate and helpful information, the content on the Website may not reflect the latest research or developments in mental health care and is not personalized to Your specific situation. Your reliance on any information provided on the Website is voluntary, and We disclaim liability for any outcomes resulting from Your use of, or reliance on, the content.

Professional Advice Disclaimer

The content provided on the Website is for educational and informational purposes only and does not constitute professional advice. While We strive to ensure the accuracy and reliability of the information presented, it is not a substitute for consultation with a qualified professional in the relevant field.

 

The content on the Website may not reflect the latest developments or be tailored to Your specific circumstances. Always seek the advice of a qualified professional regarding any questions, concerns, or decisions related to the topics discussed on the Website.

Third-Party Links Disclosure & Disclaimer

The Website may contain links to third-party websites, tools, and/or resources for Your convenience. These links do not imply Our endorsement, sponsorship, or approval of any third-party content, products, services, or privacy practices.

We do not control, monitor, or verify the accuracy, legality, or security of third-party websites. If You choose to access or interact with any third-party links, You do so at Your own risk. We are not responsible for any damages, losses, or issues that arise from Your use of third-party websites, including but not limited to:

  • The accuracy, completeness, or reliability of third-party content;
  • Security risks, malware, or data breaches that may occur on external sites;
  • Transactions, disputes, or agreements between You and third-party entities; or
  • Changes to third-party website policies, terms, or offerings.

Please review the privacy policies, terms and conditions of use, and disclosures and disclaimers of any third-party websites before engaging with them.

Website.

Reviews and Testimonials Disclosure & Disclaimer

This Website may include reviews and testimonials from individuals sharing their personal experiences and opinions regarding products, services, or other topics. These reviews and testimonials reflect individual opinions and are not necessarily representative of typical outcomes. We do not guarantee that You will have the same experiences or achieve similar results.

 

Results mentioned in reviews and testimonials are unique to each individual and may vary based on factors such as personal preferences, circumstances, and conditions beyond Our control. Testimonials may include text, images, or videos provided by individuals, and We do not independently verify the accuracy or authenticity of their statements.

 

Some reviews and testimonials may be submitted by individuals who received compensation, free products, or other incentives in exchange for their feedback, which will be disclosed as required. Readers should critically evaluate all claims, verify information, and consider their personal circumstances before acting on any content provided in reviews or testimonials.

 

Your reliance on reviews or testimonials is voluntary, and We disclaim liability for any issues, damages, or losses resulting from Your use of, or reliance on, content shared by others on the Website.

Artificial Intelligence-Generated Content Disclosure & Disclaimer

Some content on the Website may be supplemented using artificial intelligence (AI) tools. These tools assist with research, drafting, editing, and improving efficiency. All AI-generated or AI-assisted content is reviewed and edited by Us to ensure accuracy, relevance, and alignment with the Website’s voice, purpose, and ethical standards. AI tools are inherently limited and may produce information that is incomplete, outdated, biased, or incorrect. We do not guarantee the accuracy or completeness of any AI-generated content. Readers are encouraged to critically evaluate all content on the Website and to consult with appropriate professionals when making decisions based on the information provided. 

 

Your reliance on AI-generated or AI-assisted content is voluntary, and We disclaim liability for any errors, omissions, or inaccuracies, as well as any decisions, actions, or outcomes resulting from Your reliance on such content.

 

TERMS OF SALE FOR SERVICES

The following terms apply to your purchase of Services and Products offered on the Site.

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Services, Products, and Programs: Through the Site, certain programs, e-courses, coaching packages and other products and services may be offered for purchase, all of which are referred to as Services. The fees for such Services are as listed on the Site. All fees are due at the time of booking the Services unless otherwise indicated on the Site, and Better Self Better Life Enterprises LLC will have no obligation to provide Services until such fees are paid. All Services and Products are subject to these Terms of Use.

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Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

 

Availability and Pricing. Better Self Better Life Enterprises LLC reserves the right to change the prices and available Services at any time. Quantities of some Services may be limited and availability cannot always be guaranteed. are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

 

Purchasing Products and Services. The display of Services on the Site invites you to make an offer to purchase the Services. Your order is an offer to buy the Services, which we accept only by providing the Services or confirming your request for Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction for any reason.

 

Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services need to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
 

Coaching Service Rescheduling. Should you need to reschedule a one-on-one Service session, you may do so by providing 48-hour notice for in person session or change of service from in person to video). A  24 hour advance notice to reschedule a video appointment is sufficient to reschedule a video session. Please email support@melissagarvey.com or call or text 1-(831)-223-9399. Sessions not cancelled by the policies described above will be charged full price. Group Services sessions are not subject to rescheduling, and no refunds are granted if you are unavailable to attend.

 

Returns. We do not allow returns or substitutions of Services. All sales are final.

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Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

 

Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Personal Use Only. Services are for your personal use only. You agree to not sell or resell any Services you purchase.

 

No Harassment. You agree to treat Better Self Better Life Enterprises LLC. and its principals, employees, and contractors in a professional capacity at all times, and Better Self Better Life Enterprises LLC. reserves the right to suspend and terminate Services to you at any time without refund in the event Better Self Better Life Enterprises LLC feels unsafe or uncomfortable in any way.
 

Session Recording Prohibition

Client agrees not to record, reproduce, distribute, or share any portion of coaching sessions in any audio, video, or digital format without prior written consent from both parties. Unauthorized recording may result in immediate termination of services without refund. All coaching sessions are confidential and for the participating parties only.

 

Group Sessions. If the Services include any group sessions with third-party participants, you agree to not disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information learned, disclosed or obtained of any kind, relating directly or indirectly to any third-party participants present at the Services (“Confidential Information”). You further acknowledge and agree that although confidentiality is generally required of all group session participants, Better Self Better Life Enterprises LLC cannot guarantee that third-party participants present at the Services will maintain confidentiality of any information you share, and you hereby release Better Self Better Life Enterprises LLC from any and all claims associated with the disclosure of information you share at group sessions by a third-party participant.
 

Questions?  If you have questions, please contact us at: support@melissagarvey.com

 

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Digital Product, Online Course, and Membership License Terms

By purchasing, downloading, or accessing any digital products and/or online courses provided on this website, including but not limited to eBooks, printables, digital document downloads, planners, journals, workbooks  audio files, video tutorials, and Online Courses, including but not limited to pre-recorded classes, live webinars, and educational memberships (collectively, “Digital Products”), whether free or paid, You agree to comply with and be bound by these terms, which supplement the Melissagarvey.com Terms and Conditions of Use.

In the event of any conflict between these terms and Melissagarvey.com’s general Terms and Conditions of Use, this Section shall govern with respect to Digital Products.

In this Digital Product License Terms and Terms of Use Section:

  • “License Terms” refers to this Digital Product License Terms Section.
  • “We,” “Us,” “Our,” and “the Website” refer to Melissagarvey.com, its owners, operators, and authorized representatives.
  • “You” and “Your” refer to any individual accessing or using the Website, including visitors, subscribers, or customers.
  • “Online Courses” shall mean any pre-recorded classes, live webinars, and educational memberships offered by this website.

If You have any questions about these License Terms, please contact Us at support@melissagarvey.com .

Digital Product Information and Availability

We strive to provide accurate and up-to-date information regarding Our Digital Products, including their benefits, features, and pricing. However, We do not guarantee that all product descriptions, images, pricing, availability, or other information will always be complete, error-free, or current.

 

We reserve the right to:

  • Correct any errors, inaccuracies, or omissions in Digital Product descriptions or pricing at any time without prior notice.
  • Modify, replace, or discontinue any Digital Product at Our sole discretion.
  • Limit access to any Digital Product based on availability, technical limitations, or other business needs.

Your purchase or access to a Digital Product does not guarantee lifetime availability. If We discontinue a Digital Product, We are not obligated to provide refunds, replacements, or continued access, except as required by law.

Digital Product Updates and Support

Unless otherwise stated at the time of purchase, We are not obligated to provide updates, bug fixes, enhancements, or ongoing support for Digital Products.

If an updated or revised version of a Digital Product is released, We may, at Our sole discretion, offer access to existing customers. However, unless explicitly stated at the time of purchase, You are not entitled to free or discounted access to future versions, updates, or modifications of the Digital Product.

Access to customer support for Digital Products is not guaranteed unless explicitly stated at the time of purchase. If support is offered, it may be limited in scope and duration.

Access and Use of Digital Products

Eligibility

To purchase or access Digital Products, You must:

  • Be at least 18 years (Teen Program are presented in hard copy without digital access)
  • Provide accurate and complete information at checkout, if applicable.
  • Use a valid payment method if purchasing a paid Digital Product.

We reserve the right to refuse service, cancel purchases, or revoke access if We suspect that You have provided false information or violated these Terms and Conditions of Use.

License for Use

When You purchase or download a Digital Product, We grant You a limited, non-exclusive, non-transferable, revocable license to use the Digital Product for personal, non-commercial purposes only (the “License”). 

This License is personal to You and may not be transferred, assigned, or shared with others, whether by sale, gift, operation of law, or otherwise, without explicit written permission from Melissagarvey.com. Any unauthorized transfer or attempt to transfer any rights under this License will be considered void and a violation of these License Terms. 

We retain all rights, title, and interest in the Digital Product, and this License does not transfer ownership to You.

Access to Digital Products other than Online Courses and Memberships

For Digital Products other than Online Courses and memberships, Your purchase grants You access to the Digital Product for indefinitely from the date of purchase. However, We reserve the right to modify, discontinue, or remove access to any Digital Product at Our discretion if necessary due to business operations, legal requirements, or technological limitations. In such cases, We will make reasonable efforts to notify You in advance.

 

Access to Online Courses

For online courses delivered via a third-party platform (Thrivecart Learn), Your access will be governed by both these License Terms and the access rules of the platform provider. We may provide login credentials, access links, or dashboard access, and reserve the right to revoke or modify access at any time for violations of these Terms.

 

User-Generated Content

If You submit assignments, discussion posts, videos, or other content as part of an Online Course or membership, You grant melissagarvey.com a limited, non-exclusive license to use, display, and reproduce such content for educational and promotional purposes related to the course. We reserve the right to remove any content that violates these Terms or disrupts the learning environment.

 

Community Guidelines

If Your purchase includes access to a private community, forum, or discussion space—whether hosted on Our platform or through a third-party provider—You agree to engage respectfully, lawfully, and in alignment with the purpose of the space. By participating, You agree to the following rules of conduct:

You may not:

  • Post or share any content that is defamatory, threatening, abusive, discriminatory, harassing, obscene, pornographic, or otherwise unlawful.
  • Promote or endorse hate speech, violence, or misinformation.
  • Use the community to solicit or advertise products, services, or other offerings, including affiliate links, unless explicitly permitted by Us;
  • Engage in self-promotion, recruitment, or poaching of other users for personal, commercial, or competitive gain;
  • Disclose, publish, or misuse confidential, proprietary, or personal information belonging to others;
  • Impersonate any person or entity, or misrepresent Your affiliation with a person or entity;
  • Upload or share any files or content that contain viruses, malware, or otherwise compromise the security or functionality of the platform.

We reserve the right to monitor, moderate, and remove any content that violates these guidelines or disrupts the community environment. We may suspend or permanently revoke Your community access at Our sole discretion, without prior notice or refund. Community access is provided as a privilege and may be modified, suspended, or discontinued by Us at any time, regardless of Your continued access to any course or membership content.

Live Course Sessions and Event Participation

If a Digital Product includes live components (e.g., webinars, coaching calls, or group discussions), You are responsible for attending at the scheduled times. We are not obligated to reschedule or offer replays unless explicitly stated at the time of purchase.

If live sessions are recorded and made available afterward, access may be limited by time or restricted based on the terms outlined at purchase. You may not record, reproduce, or redistribute live sessions in any format.

Prohibited Uses

Under the License Terms, You may not:

  • Share, resell, sublicense, distribute, or redistribute the Digital Product in any format, whether for free or for sale.
  • Copy, reproduce, repurpose, or modify the Digital Product to create derivative works.
  • Reverse engineer, decompile, disassemble, or attempt to access the source code of any Digital Product.
  • Use the Digital Product for any commercial purpose without explicit, prior written permission, including but not limited to:
    • Selling, licensing, or offering the Digital Product as part of a paid or unpaid service.
    • Incorporating the Digital Product into workshops, courses, trainings, memberships, coaching programs, school curricula, or educational programs.
    • Using the Digital Product in client work or as part of business services.
  • Upload, share, or otherwise make the Digital Product available on any platform, website, cloud storage, or file-sharing service, whether for personal or public use, without explicit, prior written permission.
  • Claim ownership of the Digital Product, falsely represent authorship, or mislead others about its source.
  • Remove, alter, or obscure any copyright notices, watermarks, trademarks, or other proprietary designations from the Digital Product.
  • Circumvent, disable, or attempt to bypass any access restrictions, copy protections, or digital rights management mechanisms associated with the Digital Product.
  • Use the Digital Product in any way that violates applicable laws, regulations, or the rights of third parties, including intellectual property laws.
  • Use automated tools, AI-driven programs, or machine-learning technologies to extract, analyze, modify, or repurpose the Digital Product for any purpose, including but not limited to training AI models, generating derivative content, or distributing the materials through automated means.

Violation of these restrictions may result in immediate termination of access to the Digital Product without refund. melissagarvey.com reserves the right to pursue legal action for any unauthorized use or distribution.

Customer Responsibilities

Accurate and Timely Information

To ensure proper access to the Digital Product, You are responsible for:

  • Providing accurate, complete, and up-to-date registration and payment information at the time of purchase; and
  • Providing any additional information necessary for the successful delivery of Digital Products, if requested.

Consequences of Incomplete or Inaccurate Information

You are responsible for providing complete and accurate information. Melissagarvey.com is not liable for any delays, errors, or issues that result from missing or incorrect details You provide.

Account Security

If access to Digital Products requires account creation, You are solely responsible for maintaining the confidentiality of Your account credentials. You must take reasonable steps to prevent unauthorized access and notify Us immediately if You suspect a security breach. We are not responsible for any unauthorized access to Your account or Digital Products resulting from Your failure to safeguard login credentials.

Payments

Pricing

All prices are listed in “$USD” unless stated otherwise. We reserve the right to update prices at Our discretion without prior notice. Any price changes will apply to future purchases and will not affect past transactions.

Payment

Payment must be made through the approved payment methods provided on the Website. All payments must be made in full unless a payment plan option is explicitly offered at checkout. By completing a purchase, You confirm that You are authorized to use the selected payment method and agree to pay the total amount, including any applicable taxes or fees.

Digital product payments may be subject to sales tax, VAT, GST, or other applicable taxes, which may be collected at checkout depending on Your location and the requirements of Our payment processor. Where taxes are not automatically collected, You are responsible for determining and fulfilling any tax obligations related to Your purchase.

Third-Party Payment Processors

We use third-party payment processors, including Stripe and PayPal, to process transactions for Digital Products. By making a purchase, You acknowledge and agree that:

  • Your payment will be processed through Our third-party payment processors, and We do not collect, store, or have access to Your full payment details.
  • Transactions are subject to the third-party payment processor’s terms, policies, and security measures.
  • Any disputes related to payment processing, including but not limited to failed transactions, unauthorized charges, chargebacks, or fraud claims, must be addressed directly with the third-party payment processor. We are not responsible for resolving such issues.

For more information about how Your payment transactions for Our Digital Products are handled, please review the Terms and Conditions and Privacy Policies of Our third-party payment processors.

Refund Policy

Refunds for Downloadable Content

Due to the nature of digital products, all sales of downloadable content (e.g., e-books, journals, workbooks, and guides) (the “Downloadable Content”) are final and non-refundable. Downloadable Content is considered delivered and consumed once the purchase is complete because access is granted immediately. It cannot be returned or exchanged regardless of whether You access or download the content. If You encounter technical difficulties accessing Your Downloadable Content, please contact us at support@melissagarvey.com  for assistance.

 

While all Downloadable Content sales are generally final, We reserve the right to issue refunds in Our sole discretion in exceptional or extraordinary circumstances within 14 days of purchase. Granting a refund in one instance does not obligate Us to offer refunds in the future, even under similar circumstances.

 

Refunds for Online Courses

Due to the nature of Online Courses, all sales are final and non-refundable. Online Courses are considered delivered and consumed once the purchase is complete, and they cannot be returned or exchanged.

 

While all sales are generally final, We reserve the right to issue refunds in Our sole discretion in exceptional or extraordinary circumstances within 14 days of purchase. Granting a refund in one instance does not obligate Us to offer refunds in the future, even under similar circumstances.

 

If You encounter technical difficulties accessing Your Course, please [submit a support request through Your account settings or “contact us at support@melissagarvey.com .

 

EU/UK Customer Refund Rights

If You are a resident of the European Union (EU) or United Kingdom (UK), You have a legal right to withdraw from the purchase of digital content within 14 days of purchase, under the Consumer Rights Directive (EU) and the Consumer Rights Act (UK).

 

However, this right is waived once You access, download, or stream the Digital Product after purchase. By completing the purchase, You acknowledge and agree that:

  • You expressly consent to the immediate delivery of the Digital Product.
  • You understand that You will lose Your right to withdraw from the purchase once You access or download the Digital Product.

If You have not downloaded or accessed the Digital Product and wish to exercise Your right to withdraw, please contact Us at support@melissagarvey.com  within 14 days of purchase, and We will process Your refund within 14 days of Our confirmation of Our receipt of Your request.

Australian Customer Refund Rights

If You are an Australian resident, You are entitled to consumer guarantees under the Australian Consumer Law (ACL). These guarantees cannot be excluded and provide that Digital Products must:

  • Be of acceptable quality.
  • Match their description.
  • Be fit for the purpose for which they were sold.

If a Digital Product fails to meet these standards, You may be entitled to a repair, replacement, or refund, depending on the circumstances. Refunds will not be granted for:

  • Change of mind.
  • Failure to read the product description.
  • Accidental purchase after accessing the Digital Product.

For refund requests under the Australian Consumer Law, please contact Us at [support@melissagarvey.com and provide details of the issue. We will assess Your request and respond within [7 business days..

 

Intellectual Property Rights

Ownership of Intellectual Property

All Digital Products, including, but not limited to, eBooks, printables, graphics, or software, are the intellectual property of Better Self Better Life Enterprises LLC. All rights are reserved. By purchasing or downloading Digital Products, You are granted a revocable, limited, non-exclusive License for personal use only, as described in these License Terms, and no ownership rights are transferred to You.

 

Disclaimers for Digital Products

Informational Purposes Only

The Digital Products are provided for general informational and educational purposes only. They do not constitute professional advice and should not be relied upon as a substitute for guidance from a qualified professional. Your use of the Digital Products does not establish a professional-client relationship between You and Melissagarvey.com. Results from participation in Online Courses will vary by individual. We make no guarantees of specific outcomes or results. Your success depends on Your own actions, implementation, and circumstances beyond Our control.

The information contained within the Digital Products reflects the knowledge, experience, and opinions of the creators at the time of publication. While We strive to provide accurate and up-to-date content, We do not guarantee that the information is complete, applicable, or appropriate for Your specific situation. You are solely responsible for evaluating the accuracy and usefulness of the content before relying on it.

The Digital Products are not a substitute for professional medical mental health advice or treatment. You should consult with a qualified professional before making any decisions related to medical treatment or mental health treatment. Melissagarvey.com is not responsible for any consequences resulting from reliance on the Digital Products without seeking appropriate professional guidance.

Please see Our full Disclaimer Policy here [ADD URL OF YOUR DISCLAIMER PAGE], which is incorporated herein by reference.

NO GUARANTEES OR WARRANTIES

Melissagarvey.com  MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE EFFECTIVENESS, OUTCOMES, OR RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE DIGITAL PRODUCTS. YOUR RESULTS DEPEND ON INDIVIDUAL FACTORS, INCLUDING BUT NOT LIMITED TO YOUR SKILL, EFFORT, AND PERSONAL CIRCUMSTANCES, WHICH ARE BEYOND OUR CONTROL.

THE DIGITAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, melissagarvey.com  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO:

  • YOUR USE OF OR INABILITY TO USE THE DIGITAL PRODUCTS.
  • ANY TECHNICAL ISSUES, INCOMPATIBILITY, OR ERRORS RELATED TO THE DIGITAL PRODUCTS.
  • YOUR RELIANCE ON ANY INFORMATION PROVIDED WITHIN THE DIGITAL PRODUCTS.
  • UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR DATA.

IN JURISDICTIONS WHERE LIMITATIONS OF LIABILITY ARE NOT FULLY ENFORCEABLE, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

MAXIMUM LIABILITY CAP:

IN ANY CASE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR PURCHASE OR USE OF A DIGITAL PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THAT DIGITAL PRODUCT.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS melissagarvey.com AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE OF THE DIGITAL PRODUCTS, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

ANY GENERAL INDEMNIFICATION PROVISION CONTAINED ELSEWHERE IN THE melissagarvey.com TERMS AND CONDITIONS OF USE IS INCORPORATED HEREIN AS THOUGH FULLY SET FORTH IN THIS SECTION.

Termination of Access

We reserve the right to terminate or restrict Your access to the Digital Products at Our sole discretion if You breach these License Terms, the melissagarvey.com Terms and Conditions of Use, or engage in unauthorized or unlawful activities.

If You violate these License Terms, Your access to the Digital Product may be immediately revoked without prior notice. You will not be entitled to a refund or reimbursement if access is revoked due to a violation of these License Terms. Upon revocation, You are required to cease all use of the Digital Product and delete any copies in Your possession. Continued use or distribution of the Digital Product after revocation may result in legal action.

Access to individual features such as community spaces, live events, or future course modules may be revoked independently from Your general license if You violate specific terms applicable to those features.

We also reserve the right to discontinue or modify any Digital Product at any time. If a Digital Product is discontinued and You have a valid ongoing License, We will provide reasonable notice where feasible.

Technology and Compatibility Requirements

You are responsible for ensuring that You have the necessary technology, software, and internet connection to access and use the Digital Products. We are not responsible for compatibility issues, technical difficulties, or any inability to access the Digital Products due to Your hardware, software, or internet provider limitations.

While We strive to keep Our Digital Products accessible and up to date, We do not guarantee that they will remain compatible with future updates to Your operating system, browser, or device. It is Your responsibility to maintain a functional environment for their use.

Third-Party Tools or Platforms 

If the Digital Products are delivered through a third-party platform or service -Thrivecart Learn, You acknowledge that Your use of such platform or service is subject to its terms and conditions, which can be found at https://www.thrivecartlearn.com/terms-of-service“].

Melissagarvey.com  is not responsible for:

  • The availability, performance, or security of third-party platforms.
  • Any disruptions, errors, or service failures caused by a third-party provider.
  • Data breaches, loss of access, or unauthorized use related to third-party platforms.

If a third-party platform discontinues service or changes its policies in a way that affects Your access to a Digital Product, We are not obligated to provide a replacement, refund, or alternative means of access.

Force Majeure

Melissagarvey.com  shall not be liable for any failure or delay in fulfilling its obligations related to Digital Products due to causes beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, cyberattacks, service provider failures, or other events of force majeure.

If a force majeure event substantially affects the availability of a Digital Product, We will make reasonable efforts to restore access as soon as practicable, but We are not obligated to provide refunds or an alternative means of access unless required by law.

Compliance with Local Laws

You are responsible for ensuring that Your use of the Digital Products complies with all applicable laws, regulations, and restrictions in Your jurisdiction.

We do not guarantee that Digital Products are appropriate or available for use in all locations. If accessing or using the Digital Products is prohibited in Your region, You do so at Your own risk and are solely responsible for compliance with local laws.

______

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD Better Self Better Life Enterprises LLC, ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF THIS WEBSITE OR ITS CONTENT.
  2. YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE OR APPLICABLE LAWS OR REGULATIONS.
  3. YOUR ACTIONS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO INTERACTIONS, TRANSACTIONS, OR DISPUTES WITH OTHER USERS OR THIRD PARTIES.
  4. CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO CLAIMS OF INFRINGEMENT, MISREPRESENTATION, DEFAMATION, OR VIOLATION OF PRIVACY OR PUBLICITY RIGHTS; AND
  5. ANY OTHER ACTS, OMISSIONS, OR CIRCUMSTANCES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY ASSOCIATED SERVICES OR PRODUCTS.

 

WE RESERVE THE RIGHT TO:

  1. ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES; AND
  2. RECOVER FROM YOU ANY COSTS OR EXPENSES INCURRED IN DEFENDING SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, TO THE EXTENT PERMITTED BY LAW.

 

THIS INDEMNIFICATION OBLIGATION DOES NOT APPLY TO CLAIMS RESULTING FROM OUR OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUDULENT ACTIVITIES. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE YOUR USE OF THIS WEBSITE, TERMINATION OF THESE TERMS AND CONDITIONS OF USE, AND ANY OTHER AGREEMENTS BETWEEN YOU AND US.

LIMITATION OF LIABILITY

GENERAL LIMITATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, melissagarvey.com, ITS OWNERS- Better Self Better Life Enterprises LLC, AFFILIATES, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU OR ANY THIRD PARTY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL; RELIANCE ON ANY CONTENT PUBLISHED OR PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GUIDES, RECOMMENDATIONS, USER-GENERATED CONTENT, OR THIRD-PARTY LINKS; INABILITY TO ACCESS OR USE THE WEBSITE OR ITS RESOURCES; ERRORS, OMISSIONS, OR INACCURACIES IN THE WEBSITE’S CONTENT, INCLUDING CONTENT CREATED, SUPPLEMENTED, OR ASSISTED BY AUTOMATED TOOLS; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING RELIANCE ON INFORMATION PROVIDED BY OTHER USERS OR SPONSORED ENTITIES. 

FORCE MAJEURE

Better Self Better Life Enterprises LLC SHALL NOT BE HELD LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NATURAL DISASTERS, GOVERNMENT ACTIONS, LABOR DISPUTES, TECHNICAL FAILURES, CYBERATTACKS, OR DISRUPTIONS IN TELECOMMUNICATIONS, INTERNET SERVICES, OR UTILITY SERVICES.

MAXIMUM LIABILITY

IN ANY CASE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF melissagarvey.com SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US, IF ANY, FOR PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

NO WARRANTIES

THIS WEBSITE, ALONG WITH ALL CONTENT, PRODUCTS, SERVICES, GUIDES, AND RESOURCES PROVIDED OR LINKED HEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Better Self Better Life Enterprises LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SUITABILITY FOR YOUR SPECIFIC NEEDS.

NO GUARANTEES

WE DO NOT GUARANTEE OR WARRANT THAT melissagarvey.com WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR FREE FROM HARMFUL COMPONENTS SUCH AS VIRUSES, MALWARE, OR OTHER TECHNOLOGICAL ISSUES. WE ALSO DO NOT GUARANTEE THAT DEFECTS IN CONTENT, LINKS, OR FUNCTIONALITY WILL BE IDENTIFIED OR CORRECTED. ADDITIONALLY, WE MAKE NO GUARANTEES THAT THE CONTENT, PRODUCTS, OR SERVICES PROVIDED OR LINKED HEREIN WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

 

ACCESS TO melissagarvey.com MAY BE LIMITED OR UNAVAILABLE DUE TO MAINTENANCE, UPDATES, TECHNICAL ISSUES, OR OTHER UNFORESEEN CIRCUMSTANCES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY INTERRUPTIONS, DELAYS, OR DISRUPTIONS IN ACCESS TO THE WEBSITE, OR FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH INTERRUPTIONS.

ACCURACY AND TIMELINESS

WHILE WE STRIVE TO PROVIDE RELIABLE AND HELPFUL INFORMATION, WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THE CONTENT PUBLISHED ON melissagarvey.com. THIS INCLUDES THIRD-PARTY LINKS, REFERENCES, OR RESOURCES INCLUDED ON THIS WEBSITE. ALL CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE ARE UNDER NO OBLIGATION TO UPDATE, MODIFY, OR REMOVE INFORMATION TO REFLECT NEW DEVELOPMENTS OR CHANGES.

USER RESPONSIBILITY

YOUR USE OF MelissaGarvey.com, INCLUDING ANY RELIANCE ON ITS CONTENT OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES LINKED TO OR REFERENCED HERE, IS ENTIRELY AT YOUR OWN RISK. IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND RELEVANCE OF INFORMATION PRESENTED ON THE WEBSITE BEFORE MAKING ANY DECISIONS; CONDUCT YOUR OWN RESEARCH AND DUE DILIGENCE BEFORE ACTING ON ANY INFORMATION PROVIDED, INCLUDING INFORMATION SHARED THROUGH SPONSORED LINKS OR EXTERNAL REFERENCES; AND CONSULT WITH QUALIFIED PROFESSIONALS FOR SPECIALIZED ADVICE WHEN NECESSARY.

Privacy

Your use of this Website is governed by our Privacy Policy, which outlines how we collect, process, use, and protect your personal information, and details how we use cookies. By using this Website, you consent to the practices described in our Privacy Policy. For more information, please refer to our Privacy Policy [INSERT LINK TO YOUR PRIVACY POLICY PAGE].

External Links and Third-Party Content

This Website may include links to third-party websites or resources for Your convenience and informational purposes. melissagarvey.com does not endorse, monitor, or have control over the content, products, services, or practices of these third-party websites or resources.

Acknowledgment of Risks

You acknowledge and agree that Better Self Better Life Enterprises LLC is not responsible for:

  1. The accuracy, legality, reliability, or appropriateness of the content on third-party websites;
  2. Any risks associated with accessing or interacting with third-party websites, including but not limited to security vulnerabilities, viruses, malware, or data breaches; and
  3. The privacy practices, terms, or conditions of third-party websites, which may differ from those of this Website.

NO LIABILITY FOR THIRD-PARTY CONTENT OR WEBSITES

Better Self Better Life Enterprises LLC DISCLAIMS ANY LIABILITY FOR DAMAGES, LOSSES, OR ISSUES ARISING FROM:

 

  1. YOUR USE OF OR RELIANCE ON CONTENT, PRODUCTS, OR SERVICES PROVIDED BY THIRD-PARTY WEBSITES; OR
  2. TRANSACTIONS OR COMMUNICATIONS BETWEEN YOU AND THIRD-PARTY WEBSITES.

Severability

If any provision of these Terms and Conditions of Use is found to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall not be affected and will remain valid and enforceable to the fullest extent permitted by law. The invalid, illegal, or unenforceable provision will be deemed modified to the extent necessary to make it valid, legal, and enforceable while preserving its intent.

No Waiver

Our failure to enforce any provision of these Terms and Conditions of Use or respond to a breach by a user shall not constitute a waiver of our rights. An express waiver of any specific provision or right shall not constitute a waiver of any other provisions or rights under these Terms and Conditions of Use, nor shall it constitute a continuing waiver of the provision or right waived unless expressly stated in writing. Any waiver will only be effective if made in writing and signed by an authorized representative of this Website.

Governing Law

These Terms and Conditions of Use and any dispute between You and the Website are governed by and construed in accordance with the laws of California, Monterey County, U.S without regard to its conflict of laws principles.

Limitation on Time to Initiate Dispute Resolution

To the maximum extent permitted by applicable law, You agree that any claim or cause of action, whether known or unknown, that You may have against the Website arising out of or related to these Terms and Conditions of Use, the Website, or any products or services provided herein must be formally initiated pursuant to the Dispute Resolution provisions by sending a written Notice of Dispute within one (1) year after such claim or cause of action accrues. If You do not initiate dispute resolution within this time, Your claim will be permanently barred.

Dispute Resolution

Informal Negotiations

If a dispute, claim, or controversy arises between You and melissagarvey.com related to these Terms and Conditions of Use, the Website, or any products or services provided through the Website (“Dispute”), You and melissagarvey.com agree to first attempt to resolve the Dispute informally.

  1. The party initiating the Dispute must provide written notice to the other party, detailing the nature of the Dispute and the relief sought (“Notice of Dispute”). The Notice of Dispute must be sent to support@MelissaGarvey.com. The Notice of Dispute must include: a description of the issue in Dispute; any relevant facts; and the relief or remedy sought.
  2. You and MelissaGarvey.com agree to engage in good-faith negotiations to resolve the Dispute within thirty (30) days from the date the Notice of Dispute is received.
  3. If the Dispute cannot be resolved informally within this timeframe, the parties may proceed as detailed below.

Mediation

If the Parties are unable to resolve the Dispute through good-faith negotiations within 14 days of the Notice of Dispute (the “Negotiation Period”), they agree to participate in mediation. 

  1. The mediation shall take place in Monterey County, California, US within 30 days of the end of the Negotiation Period, unless the Parties mutually agree in writing to an alternative timeline or location.
  2. The mediation shall be conducted by a neutral mediator mutually agreed upon by the Parties. If the Parties cannot agree on a mediator, a mediator shall be appointed by American Arbitration Association (AAA) or “Judicial Arbitration and Mediation Services (JAMS)”].
  3. Each Party shall bear its own costs of mediation, while the mediator’s fees shall be shared equally unless otherwise agreed in writing.
  4. The mediation shall be confidential, and all statements, admissions, or communications made during the mediation may not be used as evidence in any subsequent proceeding, except as required by law.
  5. The Parties may mutually agree in writing to waive mediation and proceed directly to litigation or arbitration as specified below.

      Mandatory Arbitration

If the Dispute is not resolved through informal negotiations and/or mediation, the Parties agree to resolve the Dispute exclusively through binding arbitration. Either Party may initiate the arbitration proceeding.

  1. The arbitration shall be conducted in accordance with AAA or JAMS arbitration rules in effect at the time arbitration is initiated.
  2. The arbitration shall take place in person in Monterey, California USA, unless the Parties mutually agree in writing to conduct the arbitration virtually via a mutually agreed-upon virtual platform.
  3. The arbitration shall take place in English.
  4. The arbitration shall be conducted by a single arbitrator. 
  5. The arbitrator’s decision and award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction only if necessary for enforcement.
  6. The Parties agree that all negotiations, mediations, and arbitration proceedings, including all filings, evidence, and decisions, shall be confidential. This confidentiality obligation does not apply if disclosure is required by law or necessary to enforce a final arbitration award.

Costs of Arbitration

To the extent permitted by law, You agree to bear all costs and expenses arising out of arbitration, including but not limited to attorneys’ fees, court fees, and other related expenses. This includes reimbursing Better Self Better Life Enterprises LLC  for any costs, fees, or expenses it incurs in connection with the arbitration, including its attorneys’ fees and related expenses. If this clause is deemed unenforceable, the prevailing party in any dispute shall recover its reasonable attorneys’ fees and costs.

Class Action Waiver

To the maximum extent permitted by applicable law, You agree that any dispute between You and Better Self Better Life Enterprises LLC shall be resolved on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. You expressly waive any right to participate in class actions, class arbitrations, or other representative proceedings against Better Self Better Life Enterprises LLC.

Changes to the Terms and Conditions of Use

We reserve the right to modify, update, or revise these Terms and Conditions of Use at any time, at Our sole discretion. Any changes will take effect immediately upon posting the updated Terms and Conditions on the Website, unless otherwise specified. The “Effective Date” of the revised Terms and Conditions will be indicated at the top of the document.

 

It is Your responsibility to review these Terms and Conditions of Use periodically for any updates. Your continued use of the Website after the updated Terms and Conditions of Use are posted constitutes Your acceptance of the changes.

 

If You do not agree to the updated Terms and Conditions, You must stop using the Website immediately.

Governing Language

These Terms and Conditions of Use are drafted in English. If these Terms and Conditions of Use are translated into other languages, the English version shall prevail in the event of any inconsistencies or discrepancies between the translations.

Contact Information

If you have any questions or concerns about these Terms and Conditions of Use, you can contact Us at: Support@melissagarvey.com