This is an agreement between you and Pretty Panicked LLC (“Pretty Panicked”, “we” or “us”) that describes the terms of use subject to which you may access and use https://wendytamisrobbins.com/ (the “Site”) and the services offered by Pretty Panicked (the “Services”). BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR SERVICES.  

Pretty Panicked takes the privacy of its customers and visitors of our Site very seriously and wants you to feel comfortable whenever you visit our Site or use our Services. For more information about how we collect and use the information you provide to us through the Site or in connection with Services, please visit our Privacy Policy.

1. Applicability: These terms of use (“TOU”) apply to visitors of the Site (“Visitors”) and to any person or entity receiving Services from Pretty Panicked (“Members”). For the avoidance of doubt, please note the following distinctions:
   1. Visitors are persons who browse the Site, use any content or tools on the Site, or otherwise interact with the Site. If you are solely a Visitor and not also a Member (meaning you have not purchased or received Services), the provisions of these TOU apply to you, except for Section 4 which solely covers the purchase and use of Services. 
   2. Members are persons or entities receiving Services from Pretty Panicked, including persons who purchase or sign up to receive Services on behalf of themselves, and persons who purchase Services on behalf of a business organization. All Members are also Visitors, thus, all provisions of these TOU apply to Members, including Section 4.
2. The Site: The Site is intended to provide information about the Services. The Site enables Visitors to submit information to Pretty Panicked through forms available on the Site (each a “Site Form”) for purposes such as contacting Pretty Panicked or signing up to receive email communications from Pretty Panicked. The Site also enables Visitors to register for Services, and to purchase Services through a secure third party payment platform. Any text, graphics, sounds, images, information, Site Forms, and tools that you see, hear, use, or otherwise experience on the Site are “Site Materials” for purposes of these TOU.
3. Use of the Site: You may use the Site solely for your personal, non-commercial use to learn about Pretty Panicked and the Services, to submit Site Forms, and to purchase and register for Services, provided that you comply and remain in compliance with these TOU. You are responsible for obtaining access to the Site and for any third-party fees incurred as a result (such as internet service provider or airtime charges). You may not:
   1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Site Materials or other information, tools, products, or services obtained from the Site;
   2. copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code;
   3. copy or reproduce Site Materials or functionality to any other server or location for further reproduction or redistribution;
   4. use the Site to upload or distribute any type of malware;
   5. use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use and enjoyment of the Site;
   6. access the Site by any means other than through the interface that is provided by Pretty Panicked for use in accessing the Site; 
   7. use, or attempt to use, the Site to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; 
   8. impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Pretty Panicked, or otherwise attempt to mislead with respect to your identity; or
   9. use the Site for any purpose or in any manner that is unlawful or prohibited by these TOU.

   4.   The Services: The Services offered by Pretty Panicked include, but are not limited to, a variety of coaching services as well as access to programs provided by Pretty Panicked (“Programs”). Services may be purchased by a Member for their own personal use, or by a Member on behalf of a business organization for use within that organization as permitted herein. 

IMPORTANT TERMS FOR ENGAGING SERVICES ON BEHALF OF A BUSINESS: If Services are purchased on behalf of a business entity, both the entity and the person who purchased the Services on its behalf are responsible and liable as Members under these TOU. The purchasing Member must disclose in writing the names of each employee who it intends to authorize to receive Services on behalf of the entity Member, and only those employees who have been properly disclosed may be permitted to use the Services (“Authorized Users”). Use of Services (which includes participation in Programs) by any person who is not an Authorized User is considered a breach of these TOU by the Members.

IF YOU PURCHASE OR REGISTER FOR SERVICES ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO CONTRACTS FOR AND BIND THE ENTITY, AND YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTIVITIES OF AUTHORIZED USERS IN CONNECTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR COMMUNICATING THE OBLIGATIONS SET FORTH IN THIS SECTION 4 TO ALL AUTHORIZED USERS AND FOR ENSURING THEIR COMPLIANCE WITH THESE PROVISIONS. IF AN AUTHORIZED USER ENGAGES IN ANY ACTIVITY THAT VIOLATES THIS SECTION 4, IT WILL BE CONSIDERED A BREACH OF THESE TOU BY THE MEMBERS.  

1. 1. Programs: Programs are the activities, interactions, and content that Pretty Panicked organizes and makes available to Members, including but not limited to workshops, support groups, and other virtual activities hosted by Pretty Panicked and/or third parties carefully selected by Pretty Panicked (“Program Providers”). Programs may be offered live, or as prerecorded videos and other types of digital content that are available for download or in-browser viewing. Viewing, participating in, or otherwise accessing Programs is considered use of the Services. Pretty Panicked may, but is not required to, offer access to multiple Programs as part of Services subject to a subscription, or as a single Program available for one-time registration. Members are only given access to the Program(s) that they specifically register for, or that are included in the scope of subscription Services purchased by the Member. 
   2. Platforms: Pretty Panicked may make Programs and other Services available through online third-party platforms (each a “Platform”). While the Programs available through the Platforms are provided by Pretty Panicked, the Platforms are hosted by third parties (“Platform Providers”). For example, we make certain Services and Programs available to Members through the Platform available at http://wendytamisrobbins.mykajabi.com which is hosted by Kajabi, LLC. Your use of the Platforms may be subject to additional terms of the Platform Providers. You agree to comply with any additional terms and conditions applicable to your use of a Platform in connection with Services.
   3. Accounts: In order to access certain Services, you may be required to create an account with Pretty Panicked and/or the Platform Provider (an “Account”). In order to create an Account, you need to provide your name, email address, a password, and, if applicable, other information required for certain uses of the Services (“Account Information”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO CREATE AN ACCOUNT WITH PRETTY PANICKED AND TO PARTICIPATE IN ANY SERVICES. You must provide and maintain complete, current, and accurate Account Information at all times in order to access and use the Services.  You are responsible for maintaining the confidentiality of your Account Information, and, accordingly, you will be fully responsible for all activities that occur utilizing your Account Information. You agree to immediately notify Pretty Panicked of any unauthorized use of your Account Information or any other breach of security with respect to the Platform or Services of which you become aware.
   4. Your Responsibilities: In connection with receiving Services, including use of Platforms and participation in Programs, you must comply with: (i) any terms and conditions established by a Platform Provider that apply to your use of the Platform in connection with the Services, and (ii) any rules or guidelines that Pretty Panicked or a Program Provider establishes with respect to conduct and participation in any Programs (“Participation Guidelines”). In addition, you are responsible for any third party fees incurred by you in obtaining access to the Platforms and Programs (such as internet service provider or airtime charges).
   5. Service Content: Certain Services may include access to content and information related to the Services. Such content may be displayed on a Platform, available for download through a Platform, or provided by Pretty Panicked through other means. Some Programs may be recorded, in which case your name, voice, and/or image, if visible during the Program, may be captured in such recording. For purposes of these TOU, “Service Content” means any information, materials, or content (whether text, images, graphics, videos, sound recordings, or other content) provided by Pretty Panicked or a Program Provider in connection with a Program or Services, including recordings of Programs. 
   6. User Content: Some Platforms may enable you to communicate with Program Providers or other Members/Authorized Users through comments or chat functionality on the Platform. You may also be able to submit information or upload content to certain Platforms. For purposes of these TOU, “User Content” means any content and information uploaded or otherwise provided by you through a Platform or by other means of communication that constitute participation in a Program or Services. User Content includes your name, likeness, feedback, reviews, and testimonials, as well as comments posted on any Platforms. Pretty Panicked may disable your Account and remove your access to Services and Programs if you provide User Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Pretty Panicked determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, or (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy.
   7. Licenses and Permissions: By participating in a Program to the extent that you are able to be seen and/or heard by Pretty Panicked, a Program Provider, or other Members/Authorized Users, you consent to your name, voice, and image being captured in a recording of that Program, and you consent to Pretty Panicked’s use of such recording for any purpose related to providing Services to other Members or marketing the Services. By providing User Content, you grant Pretty Panicked a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly display, and otherwise use your User Content. If you submit any suggestions, ideas, comments, and other feedback regarding the Services or Programs, you grant us the right to use such feedback without any restriction or compensation to you.
   8. Prohibited Conduct: In addition to any other restrictions and prohibitions on your use of the Platform that are set forth in these TOU, you may not:
      1. copy, reproduce, redistribute, transmit, assign, sell, broadcast, lease, modify, adapt, create derivative works of, sublicense, or otherwise transfer any Service Content or other information, tools, products, or services obtained from any Platform;
      2. copy, modify, create a derivative work from, reverse engineer or reverse assemble any Platform, or otherwise attempt to discover any source code;
      3. copy or reproduce Service Content or functionality to any other server or location for further reproduction or redistribution;
      4. use any Platform to upload or distribute any type of malware;
      5. interfere with, damage, or disrupt any parts of a Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
      6. use any Platform in any manner that damages, disables, overburdens, or impairs the Platform or interferes with any other party’s use and enjoyment of the Platform;
      7. attempt to gain unauthorized access to any parts of a Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
      8. use, or attempt to use, any Platform to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; 
      9. impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Pretty Panicked, or otherwise attempt to mislead with respect to your identity; or
      10. use a Platform for any purpose or in any manner that is unlawful or prohibited by these TOU.
   9. Payments: Certain Services may be subject to fees (“Service Fees”). We currently use the third-party platform Stripe as our payment processor of Service Fees to transact purchases of Services. Payments submitted through Stripe may be subject to a separate agreement between you and Stripe, and by submitting a payment for Services, you agree to be bound by such agreement. You acknowledge and agree that all monetary transactions on the Site are handled by Stripe, and Pretty Panicked will not be liable for any issues regarding monetary transactions between you and any other party, including Stripe and your debit or credit card issuer. You understand that some transactions may not be processed due to a network communication error, an issue with your card issuer, technical issues with the Site, or any other reason, and we are not responsible in any way for a failed transaction. If you attempt to submit a payment on the Site, it is your responsibility to verify that the transaction was successfully processed. You must use valid payment information when purchasing any Services. Service Fees do not include, and you are responsible for, all sales, use and other applicable taxes. You are also responsible for any third-party fees incurred by you in obtaining access to the Services and Platforms (such as internet service provider or airtime charges). Service Fees are subject to change upon notice. Such notice may be provided by an email message to the Member, or in the form of an announcement on the Site.

5.   Intellectual Property Rights:  Pretty Panicked and any related product and service names and logos (the “Marks”) are the trademarks of Pretty Panicked LLC or its licensors, in the United States, other countries, or both. All Service Content is owned by Pretty Panicked, our licensors, or other third parties, and is protected by U.S. and foreign intellectual property laws. No Pretty Panicked Content may be copied, reproduced, or distributed in any form without the prior written permission of Pretty Panicked.  The Site, Site Materials, and the entire contents, features and functionality of the Site (including but not limited to all information, sounds, photographs, graphics, audio and video, programs, written materials, text, images, displays, graphics, images in software and related materials, and the design selection and arrangement thereof) are owned by Pretty Panicked, our licensors, or other third parties, and are protected by U.S. and foreign intellectual property laws.

6.  Copyright Infringement and Copyright Agent:  Pretty Panicked will, in circumstances it deems appropriate, terminate a Member’s Account and/or remove or disable access to Services and Programs, if the Member’s provision of User Content, use of the Site, or participation in a Program or Services is claimed to infringe the intellectual property rights of a third party. 

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Platforms, please provide notice to the Pretty Panicked Copyright Agent identified below and include the following information (“Notice”):

1. 1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed. 
   2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled. 
   3. A description of where the material that you claim is infringing is located on the Site or Platform. 
   4. Information sufficient to permit Pretty Panicked to contact you, such as your physical address, telephone number, and email address. 
   5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law. 
   6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. 

The Pretty Panicked Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent
Pretty Panicked LLC
PO Box 838, Marblehead, MA 01945

By email: support@wendytamisrobbins.com

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

7.  Changes to these Terms of Use:  We reserve the right, at our sole discretion, to revise, update, and replace these TOU at any time. We will notify you of changes to these TOU by email or by posting an update to the Site (“Change Notice”). All changes to these TOU are effective immediately when we send or post the Change Notice. 

By continuing to access or use the Site or Services after any changes become effective, you agree to be bound by these TOU as changed. If you do not agree to the changes, in whole or in part, you must stop using the Site and Services. 

NOTWITHSTANDING THE FOREGOING, OUR RIGHT TO MAKE CHANGES TO THESE TOU SHALL NOT INCLUDE THE AGREEMENT TO ARBITRATE SET FORTH IN SECTION 13.  NO PART OF SECTION 13 MAY BE AMENDED, DISCHARGED, MODIFIED, OR WAIVED EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.

8.  Third-Party Content: The Site and Platforms may display content or tools provided by third parties, such as links to third-party web pages and advertisements for the products or services of third parties (“Third Party Content”). In consideration for the convenience of Pretty Panicked making Third Party Content available or accessible to you, you acknowledge that Pretty Panicked is not responsible for any such Third Party Content and Pretty Panicked makes no representations as to the completeness or accuracy of such Third Party Content. You also agree that Pretty Panicked is not responsible or liable for any losses or damages you experience with any Third Party Content you choose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.

9.  Compliance with Laws: By accessing or using the Site or Services, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Site or Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Site or Platforms to countries or persons prohibited under the export control laws of the United States. Pretty Panicked makes no representation that the content on the Site or Platforms is appropriate or available for use outside the United States. If you have chosen to access the Site or Platforms from outside the United States, you do so at your own initiative and risk, and you are solely responsible for compliance with your local laws, if and to the extent, local laws are applicable. 

10.  Legal Disclaimers: The Site, Site Materials, Services, Service Content, Programs, and all information and content provided therein are for the convenience of Visitors and Members. You acknowledge and agree that the User Content and Third Party Content include public contributions, that there are inherent limitations to the accuracy or currency of such information, and that such information may be incomplete, may contain inaccuracies, or may be based on opinion. PRETTY PANICKED DOES NOT ENDORSE ANY THIRD PARTY NOR DOES PRETTY PANICKED SCREEN THIRD PARTY CONTENT FOR ACCURACY OR TRUSTWORTHINESS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRETTY PANICKED AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SITE, SITE MATERIALS, SERVICES, SERVICE CONTENT, PROGRAMS, OR INFORMATION AND CONTENT PROVIDED THEREIN. THE SITE, SITE MATERIALS, SERVICES, SERVICE CONTENT, AND PROGRAMS ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PRETTY PANICKED DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR PLATFORMS. PRETTY PANICKED DOES NOT WARRANT THAT THE SITE OR PLATFORMS WILL OPERATE ERROR-FREE OR THAT THE SITE AND PLATFORMS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE OR PLATFORMS, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. 

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.  

11.   LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS PRETTY PANICKED, ITS OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE, SITE MATERIALS, SERVICES, SERVICE CONTENT, PROGRAMS, OR INFORMATION AND CONTENT PROVIDED THEREIN. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOU, THE AGREEMENTS OR POLICIES REFERENCED HEREIN, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF PRETTY PANICKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Site. 

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

12.  Indemnity: You agree to defend, indemnify, and hold harmless Pretty Panicked and its affiliates, subsidiaries, and their respective officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or Services; (ii) any violation of these TOU or applicable law by you in connection with your use of the Site or Services; (iii) any actual or alleged infringement by you, or any person accessing the Site or Services using your Account Information, of any intellectual property or privacy or other right of any third party; or (iv) any unauthorized use of the Site or Services utilizing your Account Information, whether or not known or authorized by you. 

13.  Agreement to Arbitrate:  YOU AND PRETTY PANICKED AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OF USE THROUGH FINAL AND BINDING ARBITRATION. Any controversy or claim arising out of or relating to these TOU and the agreements and policies referenced herein, or the breach thereof, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions, and shall be adjudicated by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Boston, Massachusetts. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

14.  Force Majeure:  Under no circumstances shall Pretty Panicked, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

15.  Entire Agreement; Waiver; Severability; Assignment: These TOU and the agreements and policies referenced herein constitute the entire agreement between you and Pretty Panicked with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any failure by Pretty Panicked to enforce a provision of these TOU is not a waiver of its right to do so later. If for any reason, any provision or portion of the TOU is found to be unenforceable, the remainder of the TOU will continue in full force and effect. You may not assign or delegate any rights or obligations hereunder. Pretty Panicked may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.

These Terms of Use were last amended February 2, 2023.