TERMS AND CONDITIONS

Welcome to Productive and Free. I invite you to access and use my website ProductiveandFree.com (the Website).

I provide visitors to my Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by me from time to time without notice to you.  

By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and my Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.  

Any user who registers with me (each, a “Registered User”) and wishes to purchase a product or service through my Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

1. DESCRIPTION AND USE OF MY WEBSITE

I provide Visitors and Registered Users with access to the Services as described below.  

Visitors.  Visitors, as the term implies, are people who do not register, but want to explore the Website.  No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Website; and (ii) email me.

Registered Users.  Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through my Website; (ii) access exclusive content available only to Registered Users; (iii) sign up for my various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Productive and Free community.  

Productive and Free is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion.  In addition, Productive and Free may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. COMMUNITY GUIDELINES

Productive and Free’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:  

• You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;

• You will not upload, post, email, transmit, or otherwise make available any content that:

• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

• is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or

• discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

• You will not “stalk,” threaten, or otherwise harass another person;

• You will not spam or use the Website to engage in any commercial activities;

• If you post any Registered User Content, you will stay on topic;

• You will not access or use the Website to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   

• You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without my express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in my sole discretion) an unreasonable or disproportionately large load on my technical infrastructure; and

• You will let me know about inappropriate content of which you become aware.  If you find something that violates my Community Guidelines, please let me know, and I’ll review it.

I reserve the right, in my sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. RESTRICTIONS

The Website is only available for individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.  

4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

Each Sign-In Name and Password can be used by only one Registered User, and sharing access credentials with others is a material breach of this Agreement. You are solely responsible for the confidentiality and use of the Password, as well as for any use, misuse, or communications entered through the Website through your accord. You will promptly inform me of any need to deactivate a Password. I reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

5. FEES AND PAYMENT

As consideration for any purchase you make on the Website, you shall pay Productive and Free all applicable fees and taxes.  I (or my third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.  If the mailing address you provided me is in the United States, all payments will be charged and made in U.S. dollars.  If the mailing address you provided me is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.  

You must provide current, complete, and accurate billing and credit card information.  You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact me if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).  You hereby authorize Productive and Free to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided me expires.  I reserve the right to charge any renewal card issued to you to the same extent as the expired card.  If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand.  You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.  In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.  You are advised to check with your bank and credit card issuer for details.

6. COPYRIGHT AND INTELLECTUAL PROPERTY

The Website contains material, both free and paid as products for sale, such as videos, workbooks, templates, checklists, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Productive and Free (collectively referred to as the “Content”). The Content may be owned by me or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view and/use as a template any Content contained in such purchased product or service for their own personal, non-commercial use.

Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Productive and Free.

Productive and Free retains all right, title, and interest, including all copyright and intellectual property rights, in and to the Content.

You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright owner. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you may be subject to legal action. You must immediately destroy all physical and electronic copies, and permanently cease your use, sale, publication, and distribution of the Content.

The trademarks, service marks, and logos of Productive and Free (the “Productive and Free Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Productive and Free. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Productive and Free Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without my prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by me in writing. All goodwill generated from the use of Productive and Free Trademarks inures to my benefit.

Elements of the Website, products, and services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without my express, written consent for each and every instance.

7. COMMUNICATIONS WITH ME

Although I encourage you to email me, I do not want you to, and you should not, email me any content that contains confidential information. With respect to all emails and communications you send to me, including, but not limited to, feedback, questions, comments, suggestions, testimonials, and the like, I shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

8. DISCLAIMERS

8.1. General Disclaimer

The information provided in or through this Website, my Programs, Products, Services, and Program Materials is for educational and informational purposes only and solely as a self-help tool for your own use. 

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with my Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that I am not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you. 

8.2. Medical Disclaimer

My Website, Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through my Website, Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in my Website, Programs, Products, Services, and Program Materials, or received from me. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  I am not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. I are not giving medical, psychological, or religious advice whatsoever.

8.3. Legal Disclaimer

My Website, Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through my Website, Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. I am not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that I am not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through my Website, Programs, Products, Services, and Program Materials. You are solely responsible for your results.

8.4. Earnings Disclaimer

You acknowledge that I have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in my Website, Programs, Products, Services or Program Materials. I cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of my Website, Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. I also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of my Website, Programs, Products, Services or Program Materials. You agree that your results are strictly your own and I are not liable or responsible in any way for your results.

8.5. Technological Disclaimer

I try to ensure that the availability and delivery of my Website, Programs, Products, Services and Program Materials is uninterrupted and error-free, including content and communications through methods like my Website, private Facebook group, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDFs, printed transcripts, downloadable PDF handouts/slides, handouts, templates, ebooks, or any other materials provided by me to you. However, I cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, I will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, I will be not be liable to you for damages or refunds, or for any other recourse, should my Website, Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make my Website, Programs, Products, Services or Program Materials inaccessible to you.

8.6. Errors and Omissions Disclaimer

I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in my Website, Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, I cannot be held responsible or accountable for the accuracy of my content. You acknowledge that such information may contain inaccuracies or errors and I am not liable for any such inaccuracies or errors to the fullest extent permitted by law. 

8.7. Testimonials Disclaimer

As with any product or service, your results using my products or services may vary from the consumer testimonials shared on this Website. Your results will be based on many variables, such as your input, level of effort, business acumen, personal qualities, knowledge, skills, and a host of other factors. Since these factors differ for each individual, we cannot guarantee your success, results, or income level, nor are we responsible for your success or failure. My products and services are not part of a “get rich quick scheme.” It takes lots of time, effort, and dedication. We believe that we provide you a great toolbox to achieve your desired results.

9. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. I DISCLAIM ALL WARRANTIES, 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 ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: I AND MY LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID ME IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM ME DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, I AM NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES.  THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  I RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.  

10. EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by me of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  I are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

11. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States.  I make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Website or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. RELEASE OF CLAIMS

In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my Website, Programs, Products, Services or Program Materials, or on those affiliated with me in any way, and you hereby release me from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if I am expressly advised of the possibility of such damages or difficulties.  

13. REFUND POLICY

Refund policies vary per Program, Product, or Service. Please refer to the Program, Product or Services' page for the specific refund policy or email me at hello@productiveandfree.com.

14. TERMINATION OF THE AGREEMENT

I reserve the right, in my sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.  I reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with me,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

15. DIGITAL MILLENNIUM COPYRIGHT ACT

Productive and Free respects the intellectual property rights of others and attempts to comply with all relevant laws. I will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

My designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Productive and Free | 22030 Bassett St. Canoga Park, CA 91303 | hello@ProductiveandFree.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide my agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

16. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

17. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding  pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent me from seeking injunctive relief in any court of competent jurisdiction as necessary to protect my proprietary interests.

18. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between me and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ME ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of my intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. I may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect my rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by me.

20. MISCELLANEOUS

My failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against me unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by me and you in writing, this Agreement constitutes the entire Agreement between you and me with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of my successors, assigns, licensees, and sublicensees.

PRIVACY POLICY 

Last Updated May 2018

Productive and Free (“Productive and Free,” “I,” “me,” or “my”) have created this privacy policy (this “Privacy Policy”) because I know that you care about how the information you provide to me is used and shared. This Privacy Policy applies to my information collection and use practices.

Acceptance of Terms

By visiting my Website, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Website.

The Information I Collect

In the course of operating the Website and/or interacting with you, I will collect (and/or receive) the following types of information.

1. Personal Information

When you sign up to receive any of my newsletters, respond to a survey, register for a class, or purchase any product or service, you may be required to provide me with personal information about yourself, such as your name, address, email address, and phone number. I do not collect any personal information from Visitors when they use the Website unless they provide such information voluntarily, such as by registering or sending me an email or signing up for a newsletter. All information I collect and/or receive under this section is collectively called “Personal Information.”

2. Order Information

When you place an Order, you must provide me with certain information about the products and services you are seeking to purchase. Such information is collectively called the “Order Information.”

3. Billing Information

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above. Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Although I will have access to the Billing Information, it will also be collected and processed by my third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.

Check out the Stripe policy here. Check out the Paypal policy here. For information about other payment vendors, please email me at hello@productiveandfree.com.

4. Other Information

In addition to the information noted above, I may collect additional information (collectively, the “Other Information”). Such Other Information may include:

a. From You. Additional information about yourself that you voluntarily provide to me (e.g., via surveys and forms) such as product and service preferences, personal likes and preferences, and other information.

b. From Your Activity. Information that we automatically collect when you use the Website, including, without limitation:

• IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Website you visit; and similar data; and

• Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.

c. From Cookies. I collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. I may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help me collect Other Information and to enhance your experience using the Website.

If you do not want me to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. 

For more information, please visit our cookie policy page: https://www.productiveandfree.com/cookie-policy

We also reserve the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. We reserves the right to use these pixels in compliance with the policies of the various social media sites.

d. Third-Party Analytics. I use third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide me the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on Google Analytics please go here.

e. From Other Sources. I also may collect or receive information from third parties such as Facebook, Instagram, Pinterest, and/or other third-party social media sites.

Information Collected by or Through Third-Party Advertising Companies

I may share Other Information about your activity on the Website with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Website and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable me and these third-party advertisers to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.

Accessing and Modifying Personal Information and Communication Preferences

If you have registered for the Website, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Website.  

I use Gmail and the email software ConvertKit for all email communication. Check out the Gmail policy here. Check out the Convertkit policy here.

To manage or stop receiving my newsletters, marketing, and non-transactional emails, please click the clear "Unsubscribe" link which is located at the bottom of every email sent via ConvertKit. For emails sent via Gmail, simply reply to the email requesting a stop to the communication.

While customers cannot opt out of receiving transactional emails related to their account or their Orders, I will use commercially reasonable efforts to process such requests in a timely manner.

How I Use and Share the Information

I use the Personal Information, the Order Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide my services; to process Orders; to administer my rewards and promotional programs; to maintain and improve my Website and services to you; to solicit your feedback; and to inform you about my products and services and those of my third-party marketing partners.

I may also use and/or share Information as described below.

• Productive and Free will access, use, and share the Information as required to process your Orders and provide support to you.

• In order to provide my services and administer my rewards and promotional programs, we may share the Information (excluding the Billing Information) with my third-party promotional and marketing partners, including, without limitation, businesses participating in my programs.

• With your permission, third-party applications or services may access your Personal Information. I use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). I also use OAuth to allow me to share information about you that is stored by me without sharing your security credentials.

• I may employ other companies and individuals to perform functions on my behalf. Examples may include providing technical assistance, Order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

• In an ongoing effort to better understand my Visitors, customers, and my products and services, I may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Website and/or my products and services. This aggregate information does not identify you personally. I may share this aggregate data with my affiliates, agents, and business partners. I may also disclose aggregated user statistics in order to describe my products and services to current and prospective business partners and to other third parties for other lawful purposes.

• To the extent permitted by law, I may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Productive and Free or others.

Information You Share

Please keep in mind that whenever you voluntarily make your Personal Information available to third parties — for example, on message boards, comment sections, chat boxes, or web logs; through email; during webinars, classes, telephone conferences, or coaching calls — that information can be seen, collected, heard, and/or used by others besides me. I cannot be responsible for any unauthorized third-party use of such information.

How I Protect the Information

I take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. I cannot guarantee the security of my databases, nor can I guarantee that the Information that you supply will not be intercepted while being transmitted to and from me over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to me via email.

Important Notice to Non-U.S. Residents

It is important to note that the Website and their servers are operated in the United States. If you are located outside of the United States, please be aware that any Information you provide to me will be transferred to the United States. By using the Website and by providing me Information when using my services, you hereby irrevocably consent to this transfer and my use of the Information and data provided by you in accordance with this Privacy Policy.

If you are within the European Union, you have a right to request access, deletion, stop processing, or other activities mentioned under the GDPR regarding your personal data. Simply email me at hello@productiveandfree.com. 

Children

I do not knowingly collect Personal Information from children under the age of 13 through the Website. If you are under 13, please do not give me any Personal Information. I encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce my Privacy Policy by instructing their children to never provide Personal Information through the Website without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to me, please contact me, and I will endeavor to delete that information from my databases.

California Residents

Productive and Free does not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

External Websites

The Website may contain links to third-party websites. I have no control over the privacy practices or the content of any of my advertisers, sponsors, or other websites to which we provide links. As such, I am not responsible for the content or the privacy policies of those third-party websites. I encourage you to check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. I may change this Privacy Policy from time to time. By accessing the Website and/or using my services after I make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, my use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Me

If you have questions or concerns about this Privacy Policy, please contact me via email at hello@productiveandfree.com with “Privacy Policy” in the subject line.