TERMS OF SERVICES AND DISCLAIMER OF LIABILITY
TERMS AND CONDITIONS
Date of Last Modification: February 7th, 2022
Motherella, Inc. DBA Eden Lodestone (“we”, “our” or “us”) owns and operates the website located at https://www.motherella.com and https://www.edenlodestone.com together with any mobile version (collectively, the “Websites”) together with the various products and services offered through the Websites, including the Tribe of Eden TV, Soulation TV, Hard Body God(dess), Eden Codex and any other Services, Products, Memberships, and Subscriptions within (collectively, the “Service(s)”). The Services are provided for informational and entertainment purposes only. You are solely and entirely in control of your own life and your own ability to transform your life and we do not promise or guarantee any results or outcomes arising from your participation in or your access or use of any part of the Services.
We reserve the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. YOU AGREE THAT MOTHERELLA, INC. AND EDEN LODESTONE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PORTION OF THE SERVICES). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms and Conditions at any time. Please review the Terms each time you visit the Services. If you object to any amendments, please stop using the Services, otherwise your continued use will be taken as your consent to such amendments.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM. IN ADDITION, YOU WAIVE YOUR RIGHT TO SEEK AND/OR BRING FORTH ANY LEGAL ACTION WHATSOEVER OF ANY KIND INCLUDING LIABILITY AND/OR MONETARY COMPENSATION BY PURCHASING AND/OR USING ANY SERVICES AND PRODUCTS (see Collectively “Services” above) FROM MOTHERELLA, INC. AND EDEN LODESTONE.
1.0 YOUR USE OF OUR SERVICE
These Terms govern the access or use by you of the Services. Subject to your compliance with these Terms, and any additional terms that may apply to a specific Services or Products, MOTHERELLA, INC. AND EDEN LODESTONE grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your personal, non-commercial use. For greater certainty, MOTHERELLA, INC. AND EDEN LODESTONE does not grant you or any other party any right, title, or interest in the Services. We reserve all rights not expressly granted to you under these Terms.
1.2 Types of Users and Access
There are various types of users of the Services.
Visitors may have limits on their access to the Services and the type of content they can view and interact with.
Registered Users have provided certain personal information and have registered an account which allows them to make a purchase through the store located at https://motherella.com/shop and https://edenlodestone.com/shop.
Student(s) have provided certain personal and financial information and have purchased a Membership, Subscription, or Student to Motherella, Inc. and Eden Lodestone which grants them access to live courses, all content, and materials, and other information and materials. Registering as a Member, Subscriber, or Student includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the groups and private members section of the Services. If you would like to access any content related to Motherella, Inc. and Eden Lodestone, along with another person or collaborator, you will need to each purchase Memberships, Subscriptions, Services, Courses, and Products individually.
Member(s) have provided certain personal and financial information and have purchased a Membership or Subscription to Motherella, Inc. and Eden Lodestone which grants them unlimited access to all the intellectual and copyright content, VIP Groups. Registering as a Member includes access for (1) person. Upon registration, you will receive one username, password, and Member profile for use. If you would like to access Motherella, Inc. and Eden Lodestone along with another person or collaborator, you each need to individually become a Member, Subscriber, or Student to Motherella, Inc. and/or Eden Lodestone.
All users hereby warrant and represent that:
you are at least 18 years of age or the legal age of majority in your jurisdiction of residence;
any information that you provide to us, including any personal or financial information provided as part of the creation of an account shall be accurate, current, and complete
you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of any service-specific accounts;
you shall not use the Services for any unlawful, deceptive, misleading, fraudulent, or abusive purpose;
you have the authority to enter into these Terms; and
you will comply with all Applicable Law when using the Services and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board, or other government authority.
By accessing or using the Services or any portion thereof, you agree that except as expressly permitted under these Terms, you shall not and shall not permit others to:
Modify, copy, reproduce, republish, upload, post, transmit, rent, lease, lend, loan, translate, sell, distribute, redistribute, sublicense, exploit or create derivative works of the Services or any portion thereof in any manner or medium, or make the Services available, including over a network where it could be used by multiple devices at the same time. You may, however, from time to time, be permitted to download and/or print one (1) copy of individual pages from the various Services for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
copy, collect, store, scrape, frame, reorganize, manipulate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Websites or the Services, any updates, or any portion thereof, including mirroring or framing any portion of the Services;
modify, adapt, gain unauthorized access to, or otherwise “hack” the Services or modify any Websites so as to falsely imply that it is associated with Motherella, Inc. and Eden Lodestone or the Services;
upload or otherwise transmit files that contain a virus or corrupted data;
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Motherella, Inc. and Eden Lodestone in its sole and absolute discretion, may harm us or users of the Services or expose them or us to liability;
use any robot, spider or other automatic device, process or means to access the Services;
upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
remove any copyright, trademark or other proprietary notices from any portion of the Services; or
cause nuisance, annoyance, inconvenience, or property damage while using the Services.
use the Services to violate the legal rights (including the rights of publicity, privacy, copyright, patent, trademark, trade secret or other intellectual property rights) of Motherella, Inc. and Eden Lodestone, any third-party or any other user or to violate the laws of any jurisdiction;
In the event of your breach or suspected breach of any of any of the terms set out in these Terms, we may at any time suspend or revoke your right to use the Services, at our sole and absolute discretion, without notice to you. Further, we will be entitled to, among other things, seek injunctive relief to prohibit such violations.
2.0 VOID WHERE PROHIBITED BY LAW
2.1 You may not access or use the Services if you are located in a jurisdiction where it is forbidden by law to do so. By using this Services, you are explicitly agreeing that you have verified that your use of this Services is permitted under Applicable Law.
3.0 CREATION AND MAINTENANCE OF ACCOUNTS
3.1. In order to become a Registered User of Motherella, Inc. and Eden Lodestone, you must create and maintain an active personal user account. You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account.
3.3. You must keep your account information up to date and accurate at all times. You are responsible for all activity that occurs under your account. You agree to maintain the secrecy and security of your account information at all times. We recommend you select a secure password that is different from the password you use for other websites. You may possess only one account for each type of Services, and you may not allow others to use your account(s). You will promptly notify us if you become aware of any unauthorized access or use of your account.
4.0 INTELLECTUAL PROPERTY RIGHTS
4.1 You acknowledge and agree that the Services, including all underlying technology and intellectual property rights embodied therein, contains proprietary Content (as defined below) that is solely and exclusively owned by Motherella, Inc. and Eden Lodestone, and/or its licensors and no license or any other right is granted to any such underlying technology or intellectual property.
4.2 All materials, including any text, live course content, audio, video, images, illustrations, designs, icons, photographs, information, data, software, programs, and other materials that are part of the Website or accessible via the Services (collectively, the “Content”) is owned, controlled, or licensed by Motherella, Inc. and Eden Lodestone or its licensors and is protected by United States and international copyright, trademark, and other applicable intellectual property laws. The Content is provided on an as-is and as-available basis for informational purposes only and is subject to change without notice.
4.3 You agree that you shall not use the Content in any way that would violate these Terms. The use of the Content, except as permitted in these Terms, is strictly prohibited and infringes on the intellectual property rights of Motherella, Inc. and Eden Lodestone and others and may subject you to civil and criminal penalties, including possible monetary damages for copyright and other infringement. Duplicating, sharing, or uploading Content files to sharing sites is considered stealing, and Motherella, Inc. and Eden Lodestone will prosecute such misconduct to the fullest extent permitted by law. To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Motherella, Inc. and Eden Lodestone (a.k.a. Motherella and Walker and/or Michelle Piper and Luke Baxley) Tribe of Eden TV, Soulation TV, Hard Body God(dess), Eden Codex, or any other content within the Websites, the Content, or infringe on any of our intellectual property in any way. Any material that you create should be focused on your business, not ours.
4.4 If you provide feedback or suggestions regarding or relating to the Services (collectively, “Feedback”) we are free to fully exploit such Feedback without obligation or compensation to you and such Feedback will not be held in confidence.
4.5 Motherella, Inc. and Eden Lodestone and any logos and designs within any and all the intellectual content are trademarks, service marks or trade dress (collectively the “Motherella, Inc. and Eden Lodestone Marks”) are common law trademarks or registered trademarks of Motherella, Inc. and Eden Lodestone and may not be used in connection with any product or service that is not offered by us or in any manner that is likely to cause confusion amongst consumers. You are granted no right or license with respect to any of Motherella, Inc. and Eden Lodestone Marks. All other trademarks and service marks that appear on the Websites or via the Services that are not the Motherella, Inc. and Eden Lodestone Marks and that are not owned by Motherella, Inc. and Eden Lodestone are the property of their respective owners (the “Third-Party Marks”). All such Third-Party Marks are used under license from their respective owners.
4.6 Nothing in this Agreement grants you any right, title, or interest in any intellectual property of Motherella, Inc. and Eden Lodestone or its licensors, including without limitation the Motherella, Inc. and Eden Lodestone Marks or the Third-Party Marks, and any and all uses of such intellectual property shall be subject to approval by the applicable rights holder(s). Without limiting the generality of the foregoing, access to this Websites or the Services does not confer and shall not be considered as conferring upon anyone any license under any of Motherella, Inc. and Eden Lodestone or any third party’s intellectual property rights. Motherella, Inc. and Eden Lodestone reserves all rights not expressly granted herein.
5.0 PRIVACY AND CONFIDENTIALITY
5.2 Confidentiality. While participating in the Services, you may have access to certain information that is confidential and proprietary to Motherella, Inc. and Eden Lodestone. As used in these Terms, “Confidential Information” includes any data or information disclosed, provided by or made available by Motherella, Inc. and Eden Lodestone to you, either directly or indirectly, in writing or orally. You agree not to use or disclose any Confidential Information except as expressly permitted by these Terms. You may only disclose confidential information if required by Applicable Law, so long as you first notify Motherella, Inc. and Eden Lodestone of any such requirement and provide Motherella, Inc. and Eden Lodestone with sufficient time and opportunity to take protective action. You acknowledge that a breach of this section could cause irreparable harm to Motherella, Inc. and Eden Lodestone and, therefore, in addition to any other remedies which may be available to Motherella, Inc. and Eden Lodestone, Motherella, Inc. and Eden Lodestone shall also have the right to seek immediate injunctive relief.
6.0 THIRD-PARTY MATERIALS AND WEBSITES
Motherella, Inc. and Eden Lodestone may provide links to third-party materials and websites as a convenience to you. These third-party sites are not owned or controlled by Motherella, Inc. and Eden Lodestone and you access and use these websites or online services solely at your own risk. These third-party materials and websites are not part of the Services they may be either withdrawn or terminated at any time without any liability on the part of Motherella, Inc. and Eden Lodestone. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Motherella, Inc. and Eden Lodestone is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and Motherella, Inc. and Eden Lodestone does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Motherella, Inc. and Eden Lodestone will not be liable for your improper use of third-party materials and websites. We encourage you to be aware when you leave the Services and to read the terms and conditions of use for each other website or online services that you visit.
If you would like to link to our Websites or any pages related to any of our Services, you must first obtain our express written permission by emailing us at email@example.com or firstname.lastname@example.org
7.0 PAYMENT AND REFUND POLICY
We reserve the right to reject a Membership and/or Subscription request for any Services at any time and for any reason.
7.1 Payment Terms applicable to all Services.
We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”). In the event we are subject to any Invalid Payment Fees due to your payment method not processing, we may, in our sole and absolute discretion and in accordance with the law, charge you a fee.
You agree that you will not attempt to circumvent any refund prohibitions with regard to transactions you entered on the Services. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to enter a transaction on the Service. Should you do so, your Membership and/or Subscription or access to other Services may be cancelled, and Motherella, Inc. and Eden Lodestone may, in its sole discretion, refuse to honor pending and future transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Service.
7.2 Payment Terms for purchases made through the Shop.
You may purchase a product through the Shop by creating an account. We reserve the right to limit quantities available for sale or sold. To the extent permitted by law, we reserve the right at any time to reject, correct, cancel, or terminate any order for any reason whatsoever.
The total price of your order will be charged to your credit card at the time of purchase. Orders cannot be cancelled.
All sales of physical and digital products or services are final and non-refundable as stated clearly in our Services, booking policy information, product description and Websites.
Any digital downloads will be sent to you immediately upon purchase and are non-refundable. The download is a .zip file. We recommend downloading this file on your computer first and transferring to other devices, as some mobile devices and tablets will not download this file type. Please note that there is a limit on the number of digital downloads that can be retained in your account so we recommend that you download the file to your personal device.
7.3 For virtual events and digital courses. From time to time, we may offer virtual events or digital courses. No refunds are the policies for all digital courses and virtual events. You are responsible for reviewing the policies of each course, event, or program at the time of purchase, and your purchase is an agreement to be bound to the policies.
7.4 Payment Terms for Subscriptions, Memberships, Services, and Products.
i. You are responsible to pay for the applicable Services in full (including all applicable sales and other taxes or fees) at the time of registration. You must provide us with a valid credit card or other payment method at the time of registration or you may pay by Stripe or PayPal.
ii. If you do not cancel your Service before your anniversary date, your Service will automatically renew on the same terms as the initial Service and then then-current Service fees will automatically be deducted from your payment method.
iii. We may, at our discretion, offer users the option to pay by payment plan. For the avoidance of doubt, Motherella, Inc. and Eden Lodestone are not a “pay in part” program where you can pay only for access to certain modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent” and you will immediately lose access to future Services and your access to the Service and all Content will be revoked three (3) days after your payment declines. You will also not receive access to future versions of the Service as it’s released until all payments are made in full.
iv. If your account remains in delinquent status for longer than sixty (60) days, Motherella, Inc. and Eden Lodestone reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to Motherella, Inc. and Eden Lodestone’s sole discretion until the account is caught up and in good standing.
Refund Policy. There are NO REFUNDS on any Memberships, Subscriptions, Services, Products, Events, Courses, etc. If a refund was to be made, that would be at the complete and total discretion Motherella, Inc. and Eden Lodestone.
7.5 PROMOTIONAL CODES.
From time to time, we may issue discounts, trials, or promotional codes (collectively, “Promotions”) that can be applied toward payment of certain Service fees. Promotions are only valid for use on the Services and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined. If the cost of your Services exceeds the applicable discounted value, we will charge your payment method on file for the outstanding cost of the Services. Additional restrictions on promotions may apply and these will be communicated to you at the time of the offer. We reserve the right to revoke, terminate, modify, cancel, or deem a promotion inapplicable to you at any time. Some promotions may be subject to a limited number of redemptions and may be redeemed on an as-available, first-come-first-serve basis.
8.0 Additional Terms Applicable to Motherella, Inc. and Eden Lodestone.
8.1 THE VIP GROUPS
You will be provided with the details on how to access the “VIP Groups” upon registration. The VIP Groups are strictly for paid Members, Subscribers, and Students that are in good standing. Motherella, Inc. and Eden Lodestone are the moderators of the group and reserve the right to grant or remove access for any Member at any time.
8.2 By joining as a Motherella, Inc. and Eden Lodestone Member, Subscriber, and Student, you agree to abide by these Terms and the requirements as outlined in this section. If you join the VIP Groups, you also agree to abide by any policies or terms set by those groups. Failure to comply with any of the Terms may result in the suspension or termination of your membership and subscription, or your removal from any or all of the Membership Sites (as defined below), without notice to you and without refund of any fees paid. We reserve the right, in our sole and absolute discretion, to deny you access to the Membership, Subscription, VIP Groups or any portion of the Membership, Subscription, and Group Sites, without notice, and to remove any content that does not adhere to these Community Guidelines.
8.3 The “Membership Sites/VIP Group” consists collectively of the Motherella, Inc. and Eden Lodestone Websites. The Membership/VIP Group Sites are places for you to discuss and share only about the intellectual content created by Motherella, Inc. and Eden Lodestone. That means you will not discuss the intellectual property of other authors/teachers/creators, etc.
8.4 The Membership/VIP Group Sites are pitch-free, spam-free and solicitation-free zones. You are encouraged to share your experience and participate. However, you are not permitted to offer, sell, promote, or advertise your or other third-party services, programs or products and you may not invite Members, Subscribers, Students, or VIP Groups join, including other social networks, groups, or programs. Sharing affiliate links or conducting any type of solicitation within the Membership/VIP Group Sites is strictly prohibited.
8.5 Any violations against our Member, Subscriber, VIP Group Rules, Regulations, and/or Policies as clearly states within the Websites and Services, as determined by Motherella, Inc. and Eden Lodestone in its sole and absolute discretion, will be removed. Without limiting the generality of the foregoing, Motherella, Inc. and Eden Lodestone reserves the right, at any time, to remove any and all posts, images or videos it, in its sole discretion, determines are or could be considered:
Incendiary, confrontational, bullying;
Racist, bigoted or hate speech;
Religion, politics, or any “hot-button” issues that may lead to division and are off-topic;
threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material ;
confidential or personal information, including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses;
fraudulent, deceptive, false, misleading, unlawful or infringing;
memes, stickers or gifs;
personal photos or videos;
selling, promoting or making available any third-party products, services or websites;
spamming group members with emails or direct messages;
infringing on anyone’s rights of privacy, publicity, or intellectual property;
to have an adverse effect on Motherella, Inc. and Eden Lodestone’s business, reputation or ability to provide the Services;
to interfere with, impair or disrupt the ability of others to use their membership, subscriptions, or VIP Group access; or
any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law.
8.6 You must be professional and courteous at all times. This means no curse words, inappropriate comments or language. Please do not make any oral or written statements which are reasonably likely to disparage anyone, including Motherella, Inc. and Eden Lodestone within the Membership/VIP Groups Sites or otherwise degrade our reputation.
8.7 Be kind. When you comment or respond to a fellow members’ comment, please use it as an opportunity to practice compassion and respond with empathy. If you don’t agree, it’s ok to not respond at all.
9.0 TERMINATION. Motherella, Inc. and Eden Lodestone hopes all users will have a positive experience using the Service. If Motherella, Inc. and Eden Lodestone determines or reasonably suspects that you have failed to abide by these Terms or the Agreement, Motherella, Inc. and Eden Lodestone may, at its sole discretion, at any time and without notice to you, suspend or terminate your account and/or your right to use the Service. Upon termination of your Account, Membership, or Subscription, you shall no longer have the right to access or use the Services and you shall not be entitled to a refund or a forgiveness of monthly payments. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.
Motherella, Inc. and Eden Lodestone, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers, including authors, and any successors or assigns and other representatives, together with any operators of third-party websites including social media (collectively the “Motherella, Inc. and Eden Lodestone Parties”) are not responsible for any errors, inaccuracies, or omissions in the Services. THE SERVICES, THE CONTENT, THE MEMBERSHIP SITES AND ANY OTHER MATERIALS PROVIDED BY US OR PROVIDED ON THROUGH THE SERVICES ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY AND ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTHERELLA, INC. AND EDEN LODESTONE, AND ALL PARTIES EXPRESSLY DISCLAIM, AND YOU WAIVE ANY AND ALL CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR SOLE RISK. Under no circumstances will the Motherella, Inc. and Eden Lodestone Parties be liable for any damage, loss, injury, obligation, claim, cost, fine, penalty, charge, contribution or fee of any kind resulting in any way from: (a) your use of the material or information provided on or through the Services; (b) any errors in, or omissions from, the information found on or through the Services; or (c) your use of or reliance on the materials or information found on or through the Services or any conclusions you draw from it.
By purchasing access to Motherella, Inc. and Eden Lodestone you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, conditions, warranties, or guarantees, express or implied, verbally or in writing, regarding your ability to transform your life into something greater than its current status, or results or outcomes of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, knowledge, ability, dedication, commitment, mental stability, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of transformation and a better life.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICES, THE MEMBERSHIP SITES OR THE CONTENT, UNDER THIS AGREEMENT OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, ARISING OUT OF OR RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM MOTHERELLA, INC. AND EDENLODESTONE’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOTHERELLA, INC. AND EDEN LODESTONE FOR THE SERVICE, INFORMATION OR PRODUCT ON WHICH SUCH CAUSE OF ACTION IS BASED.
Any claims relating to use of the Services must be bought within 6 months from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Motherella, Inc. and Eden Lodestone from its Websites based in United States. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE CBR PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES IN CONNECTION WITH: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OR OF THE AGREEMENT; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; (6) ANY ACTIVITY ON OR THROUGH YOUR ACCOUNT; OR (7) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR YOUR EMAIL ADDRESS.
IF THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE MOTHERELLA, INC. AND EDEN LODESTONE PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO MOTHERELLA, INC. AND EDEN LODESTONE.
INFORMATION WE COLLECT
1. Information you provide to us
We collect certain information that you provide directly to us.
(a) For all users:
Customer Service Inquiries. If you communicate with our customer service representatives (“Team”) by email, you are required to provide your email address and the name associated with that email address. Whenever you communicate with our customer service (“Team”) representatives, you will be asked to provide a brief description of the issue.
Email List, Newsletters & Promotions. To join our email list to access newsletters or information on special promotions, you must provide us with your email address.
(b) For Students, Members, and Subscribers of Motherella, Inc. and Eden Lodestone.
To access the Motherella, Inc. and Eden Lodestone memberships, subscriptions, and courses, you must become a “Member, Subscriber, and/or Student” by enrolling in the memberships, subscriptions, and courses and providing certain personal and financial information, such as name, email address, phone number and mailing address, as well as financial information including your credit card details.
As part of the process, you will be assigned a log-in and password which will be required to access any membership, subscriptions, and courses for both Motherella, Inc. and Eden Lodestone. You may change your password at any time.
(c) For Members of Motherella, Inc. and Eden Lodestone (this includes Tribe of Eden TV, Soulation TV, and Hard Body God(dess), VIP Groups, and Eden Codex.
To access certain content, you must purchase a Subscription and/or Membership to become a “Member and/or Subscriber”. To do so, you must purchase access to those Memberships and Subscriptions and provide certain information, including name, email address, phone number and mailing address, as well as financial information including your credit card details.
(d) When making a purchase
To make a purchase through the store located at https://motherella.com/shop and https://edenlodestone.com/shop you must create an account and become a “Registered User”. You will be provided with login and password information. You may update your password at any time.
2. Information Collected When You Use our Websites, Services, and Products
For all users
(a) Technical and Usage Information
When you access or use the websites, services and products, web servers automatically collect certain information about your visit to a website, including your Internet Protocol (“IP”) address. IP addresses are unique numbers assigned by Internet Service Providers (“ISP”) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, may not identify you, but may do so when combined with other data. When you visit the websites, we may collect technical information, which may include the address of the websites that you visited before visiting the websites, the pages of the websites that you visit, the browser you used to view the websites, the search terms you entered on the websites, and other such technical data.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. You can still visit our websites and browse even if you disable your cookies. Please consult your browser’s Help Menu for instructions.
Like most websites, if you turn your cookies off, some of our services may not function properly.
(c) Device Information.
We collect information about the device(s) you use to access our Websites, Services and Products, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information.
PURPOSES FOR COLLECTING YOUR INFORMATION
We may collect and use personal information for the purposes identified at the time of collection, as otherwise permitted or required by applicable law, or for any of the following purposes:
To establish, maintain and manage our relationship with you so that we can provide you with Services, Products, and/or seamless access to our features;
To comply with our legal obligations and regulatory requirements;
To develop and manage our business and operations;
For billing, accounting and debt collection services relating to the Services and Products;
To facilitate payment for the use of the Services and Products;
To respond to your questions and concerns;
To detect and protect us and you from error, negligence, breach of contract, fraud, theft or other illegal activity, and which may include sharing personal information with our insurers;
To create aggregate information for analytics purposes, including to analyze the success, effectiveness, usability or popularity of the Service and Products;
For internal, external and regulatory audit purposes; and
To correct technical problems and malfunctions related to the Service
We may contact you based on the information you provide online in connection with the Services or use the information in connection with the performance of the Services and Products.
If you give us your permission or otherwise “opt-in”, we may also use personal information for marketing and promotional purposes. We will give you an opportunity to “opt-in” at the time our request for your personal information is made. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in” or if you later “opt-out,” you may not be eligible for certain benefits or Services and Products for which personal information is required.
HOW YOUR INFORMATION IS DISCLOSED OR SHARED
1. How you may share your information
Certain features of the Service and Products allow users to make some information available to others. Please think carefully about what you share with others as this information will be available over the internet and will not be kept confidential. If you post personal information on or through our Services and Products, please be aware that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post on the Service and Products and have no control over how such third parties may use your information. You disclose such information at your own risk. We strongly suggest that you never post your last name, address or telephone number to our Services and Products.
2. How we share your information
We may disclose personal information in the following circumstances:
To investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the policies for the Service and Products;
To meet or comply with any applicable law, regulation, legal process, audit or enforceable request from a government agency or regulatory body;
In connection with a bankruptcy proceeding or the sale, merger or change of control of Motherella, Inc and Eden Lodestone; and
In the event of a merger, acquisition sale or reorganization, or the potential thereof, we may disclose information about you to the extent the personal information is necessary to carry on the business or activity that was the object of the transaction. In the event of a completed transaction, notice will be given to affected users.
We may retain third party service providers, such as cloud storage services, to help us provide the Services and Products to you. We may need to transfer your personal information to these third-party service providers. We use contractual means to ensure these providers provide safeguards that are comparable to our own while your personal information is in their possession. These service providers make no independent use of your personal information.
We may engage third party external servers as well as other external services, including cloud services and cloud compatible servers.
We may use third party service providers or cloud hosting located outside Canada. By using the Service and Products, you understand your information may be transferred outside the jurisdiction in which you live. You understand that if your information is processed in a foreign country, it may be subject to foreign laws and accessible to law enforcement and national security authorities within that jurisdiction.
PRIVACY OF CHILDREN
You must be at least 18 years of age to use the Service and Products.
We do not knowingly collect personal information directly from anyone under the age of 18.
If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children, we will take reasonable steps to locate and remove that information from our servers and records.
By using the Services and Products, you assume the risk of an unauthorized security breach. Even though we take prudent and reasonable measures to secure your personal information, our servers, and our physical premises, we cannot guaranty that our efforts will be completely effective.
EMAIL COMMUNICATION OPT-OUT
We include detailed unsubscribe/opt-out instructions as appropriate. If you need further assistance with unsubscribing or opting-out of any of the Services and Products, email customer service at email@example.com or firstname.lastname@example.org for assistance.
At our discretion, we may determine that your lack of engagement in the Services indicates your desire to opt-out of the Services. For example, you may be removed from our email list if you have not opened an email from us for a certain period of time. You may opt-in again at any time.
CONSENT TO TRANSFER
The Service is operated from the United States. If you are located outside of the United States, be aware that any information you provide to us will be transferred to the United States. By using our Services, participating in any of the Services and Products and/or providing us with your information, you consent to this transfer.
LINKS TO OTHER WEBSITES
RETENTION AND DESTRUCTION OF PERSONAL INFORMATION
We will store personal information collected via the Service and Products only as long as is necessary for the purposes for which the information was collected. Thereafter, we will keep your information for a reasonable time in accordance with our standard procedures to comply with our legal obligations, to resolve disputes, prevent fraud and abuse and to enforce our agreements, or as necessary for archival/audit purposes.
Even if we delete some or all of your personal information, we may continue to create, retain or use aggregate or anonymous data.
KEEPING INFORMATION ACCURATE / ACCESS AND CORRECTION
It is important that your personal information held by us is accurate and complete so that we can provide you with good service and products. We ask that you keep us informed of any changes, such as a change of address, telephone number or email address, or changes to your payment information to ensure there is no interruption in your Service and Products.
You have the right to access and correct the information we have about you after we have received your written request and authenticated your identity. Subject to legal restrictions or specific rights of refusal, we will inform you of the existence, use and disclosure of personal information relating to you and give you access to that information.
Despite our efforts, errors sometimes do occur. If you identify any personal information that is out-of-date, incorrect or incomplete, let us know. If we agree, we will make the corrections and will make reasonable efforts to communicate these changes to other parties with whom we shared the information.
If you have any questions and concerns relating to our handling of your personal information, please direct them to our privacy officer listed below. We may need to ask you for personal information to verify your identity.