HIGHER GROUND PRIVATE ASSOCIATION
a private association d/b/a “Nurturing Motherhood”
This is a private membership agreement to establish membership in the private association known as HIGHER GROUND PRIVATE ASSOCIATION. Membership in HIGHER GROUND PRIVATE ASSOCIATION includes access to its products and services. This private membership Association is an unincorporated private association.
Direct Payment Authorization:
We accept payment in USD. By agreeing to our terms and conditions you are authorizing Higher Ground Private Association’s payment processor Nurturing Motherhood, LLC to take payments for Higher Ground Private Association membership and services and authorize all furture payments under this membership agreement:
Membership includes access to exclusive services and products not offered publicly. Pricing for digital products and coaching will vary.
I UNDERSTAND THE ASSOCIATION IS INDEMNIFIED AND PROTECTED UNDER THE INTERNATIONAL LAW OF ASSOCIATIONS. UNDER EXERCISE OF SUCH FREEDOMS IF IS OUTSIDE OF ANY FEDERAL OR STATE JURISDICTION, VENUE AND AUTHORITY.
In consideration for the following I the Participant to VOLUNTARILY participate in the Private Membership Association known as Higher Ground Private Association services through a private contract. I AGREE to the greatest extent permitted by law, TO WAIVE ANDY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE TO NOT SUE HIGHER GROUND PRIVATE ASSOCIATION, its Trustee(s), Members, and his/her Successors.
I understand that this voluntary Agreement is a contract for becoming a member of Higher Ground Private Association and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. Terms shall be an enforceable contract between the parties. I understand and enter into this agreement of my own volition, free will and without any pressure, coercion, or promise of products. I agree to address any issues or complaints I may have with Higher Ground Private Association directly with its Trustee(s) in my issues or complaints. I understand I can terminate my membership or be terminated as a member upon unanimous vote of the Trustees(s) at any time if I threaten the safety of the Association.
Legal References:" A private organization is an establishment which maintains selective members, is operating by the membership, does not provide food or lodging for pay to anyone who is not a member or a member's guest and is not profit oriented." - Lafayette Football Boosters, Inc. v. Commonwealth, 232 S.W.3d 550, 552
"A voluntary association, being only a collection of individuals, could not, at common law, sue or be sued by its associated name." – Lewellin v. Woodworkers Underwriters (1919) 140 Ark. 124, 128, 215 S. W. 258, 259.
"There is no principle better settled than that an unincorporated association cannot, in absence of a statute authorizing it, be sued in its society or company name." - Baskins v. United Mine Workers (1921) 15o Ark.3 98,4 Ol, 234 S. W. 464, 465.1
The Private Association. All information disclosed about the Higher Ground Private Association, services hereinafter known as the “Private Membership Association”, that includes, but is not limited to, written, electronic, or oral statements made about the Private Association Higher Ground Private Association, shall further be known as ‘Confidential Information’ as well as ‘Proprietary Information’. The Recipient shall be responsible for any improper disclosure of the Confidential Information AND ‘Proprietary Information’ by the irrepresentatives.
Dispute & Complaint Resolution. Higher Ground Private Association requests that any questions or disputes that arise during the administration of the private association be resolved by mediation and, if necessary, arbitration in accordance with the Uniform Arbitration Act. Each interested party involved in the dispute, including any Trustee involved, may select an arbiter and, if necessary to establish a majority decision, these arbiters may select an additional arbiter. The decision of a majority of arbiters selected will control with respect to the matter.
TERMS & CONDITIONS
Last Updated: August 1, 2023
The terms “we”, “us” “our” and “Company” refers to Nurturing Motherhood, LLC. The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products. These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.
The term “Products” shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, video calls, live posts and the like.
User’s Acknowledgement & Acceptance of Terms
By purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink.
Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
SECTION 1: REFUND POLICY & PAYMENT TERMS
Refund Policy
No refunds will be issued under any circumstances due to the downloadable nature of our Products and services.
Purchase Policy
We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.
We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
Purchase Terms
If you pay for our Product and/or service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment of the products and/or services.
You agree not to dispute any charges made to your credit card under any circumstances (i.e. chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorney’s fees.
When you purchase our Product and/or services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.
Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within 24 hours from your purchase date.
By making this purchase you agreeing to be added to our email subscriber list.
Order Confirmation
You will receive an email(s) to confirm the placement of your order along with a downloadable Product and/or access to the digital course, which will contain details concerning your purchase. In the event there is an error in this email confirmation or emails concerning your purchase, it is your responsibility to inform us as soon as possible.
SECTION 2: INTELLECTUAL PROPERTY
Our Site, Products and Services are protected by the copyright laws of the United States of America (“U.S.”) You understand that Nurturing Motherhood, LLC. owns the Site and Product(s), which is our intellectual property.
You may download and print certain materials from our Product(s) for your own personal and non-commercial purposes, but you may not copy or use our Product(s) for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site, Product(s) or Services without our express written consent.
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.
If you believe that our Site or Product(s) infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Product(s) infringes on your copyright.
License to Use. By purchasing our Product(s) and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Service that you purchased. You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our purchased Products and/or services.
You are not permitted to share your purchased Product, course and/or service with anyone.
If you violate these Terms, such as giving or selling a copy of our Products and/or services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our goods or services, temporarily or permanently.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Site, Products or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.
Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.
SECTION 3: GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal 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. Credit card information is always encrypted during transfer over networks.
You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using our Site, Products and/or Service(s).
The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Informational & Educational Purposes Only. The information provided is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your personal life or business, without consulting primary, more accurate, more complete or more timely sources of information.
You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. Again, all of the information, including without limitation, resources provided via phone or video conference, e-mail, an online forum, live events such as webinars or lives, video/audio recordings, courses, materials provided in our digital products and the like about business, laws, health, wellness and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.
Assumption of Risk. Any reliance on our Site, Products, and/or Services and the information contained therein or provided to you is at your own risk and you do so voluntarily. You use the information provided and our Site, Products, and/or Services at your own risk.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Products, and/or Services, including any actions you choose to make, or not make, as a result of using our information and/or resources.
You should consult with a professional for any and all individual questions or concerns.
Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Company’s officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.This section survives termination.
No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our Product(s) and/or Services. We make no guarantees other than that the Product(s) and/or Services shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the Products and/or Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Clients not achieving his or her desired results is not grounds for a refund, partial or otherwise.
Maximum Damages. The sole remedy for any actions or claims by you against the Company] shall be limited to and shall not exceed $100.00.
Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.
Attorney’s Fees. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.
Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by Nurturing Motherhood, LLC. and are controlled and operated by us from its New Hampshire location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be resolved exclusively by New Hampshire’s state or federal courts, apply New Hampshire law, regardless of principles or conflicts of law
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of New Hampshire, County of Hillsborough, City of Nashua.
Entire Agreement. The Terms constitute the entire agreement between us and you as it relates to your use and access to our Site, Products and Services.
SECTION 4: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nurturing Motherhood, LLC. its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
SECTION 5: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in our Site, Products, or Services that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, Products, Services, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the digital products/courses following the posting of changes constitutes your acceptances of those changes.
We also reserve the right to modify the contents and/or information on or in our Site, Products, and/or Services at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our Products, and/or Services.
SECTION 6: DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE, OUR PRODUCT AND/OR SERVICES BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR INFORMATION PROVIDED IN OUR PRODUCTS AND/OR SERVICES IS TO STOP USING THIS SITE OR OUR PRODUCTS AND/OR SERVICES.
Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties shall create a warranty not expressly stated in these Terms.
We also reserve the right to modify or discontinue, either temporarily or permanently, our Site, Products, and/or Services, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site, Products, and/or Services without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the same.
SECTION 7: RULES OF CONDUCT
You may not use our Site, Products and/or Services for any illegal or unauthorized purpose. You agree to adhere to all relevant laws, rules and regulations in accessing or using our Site, Products and/or Services (including without limitation copyright, trademark, and rights to privacy).
You may not modify, reverse engineer, frame, mirror, or adapt any portion of the Site or Products. You may not interfere with the Site’s or Products’ operations or make connection to the Site or our Products/Services inoperable or transmit any viruses, worms, or harmful code.
You may not use the Site, Products and/or Service in a manner that is hurtful, harmful, abusive, harassing or offensive to others.
You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.
A breach or violation of any of these Terms will result in an immediate termination of our Services and license to use our Products.
SECTION 8: THIRD-PARTY LINKS AND/OR PRODUCTS
Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Nurturing Motherhood, LLC. may also a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we may earn a commission from qualifying purchases when you buy through links on our Site.]
Links To Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Suggested Products. Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.
Use of Artificial Intelligence Software/Applications: We offer suggested prompts to assist you in creating your own content. These prompts are provided for your convenience and inspiration, but we do not guarantee specific results. The effectiveness of accuracy, and suitability of the prompts may vary based on your unique circumstances. You are solely responsible for reviewing, editing, and implementing the prompts to align with your brand and legal requirements. Our services and/or products are not a substitute for professional advice, and we disclaim any liability for any damages or losses resulting from the use of the prompts and resulting information.
SECTION 9: TESTIMONIALS
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
SECTION 10: FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to the Stan Store’s Privacy Policy, and Wix's Privacy Policy.
We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
SECTION 11: HEALTH DISCLAIMER
The information contained on our Site, Products and/or Services do not constitute therapy, mental health, or medical advice or care and is not intended to be substituted for professional medical advice, diagnosis or treatment. Always seek help from your doctor or other qualified healthcare professional with any questions you have about your physical and mental health or medical condition. Never disregard the advice of your doctor, mental health provider or other qualified healthcare professional, or delay in seeking it because of information you read on Site, Products and/or Services.
You acknowledge and agree that when participating in any health regimen, training, program, activity, or the like, and/or undertaking any advice found on our Site, Products and/or Services, that there is a possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
The information contained in our Site, Products and/or Services have not been evaluated by the Food and Drug Administration.
OTHER MEDICAL CONDITIONS: If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other professional care provider prior to using our Site, Products and/or Services. If you experience any discomfort or pain during an activity found on our Site, Products and/or Services, you must immediately cease the activity and seek the assistance of a physician or other applicable professional care provider.
NOT A MEDICAL PROVIDER: We are not a medical professional (including without limitation doctor/physician, nurse, physician’s assistant), mental health provider (including without limitation psychiatrist, psychologist, therapist, counselor or drug addiction specialist), registered dietitian or licensed nutritionist and do not hold ourselves out in that capacity. We are not attempting to nor do we represent that we can diagnose, treat, prevent, or cure any physical, mental or emotional issues. We are a self-help tool, trainer, educator, coach, mentor or guide who provides education and information to our clients.
CONTACT A MEDICAL PROVIDER: Always seek the advice from or consult with your doctor, mental health provider or other qualified healthcare provider before participating in any exercise program, using any advice, products or services made accessible by us, and/or undertaking any health protocol or regimen found on our Site, Products and/or Services. Do not start or stop any medications without speaking to your medical or mental health provider. In connection with our Site, Products and/or Services, we are not creating a doctor-patient or therapist-patient relationship of any kind.
By using our Site, Products and/or Services, it does not mean that you are receiving treatment from or have a therapeutic relationship, of any kind, with us. You are solely responsible for any action or non-action that you take as a consequence of your use of or reliance on information contained in the Site or Content.
If you think you are having a medical emergency, call your doctor or emergency services, or go to the nearest hospital emergency department immediately.