Last updated: October 2024 

OVERVIEW  

This website is operated by Kimberly Gengler, doing business as The Rhythms of Resource. Throughout the site, the terms “we”, “us” and “our” refer to The Rhythms of Resource. The Rhythms of Resource offers this website, including all information, tools and services available from this site to “you,” the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, engaging with and/or purchasing a Services, you agree to be bound by these terms and conditions (“Terms of Service”, “Terms” interchangeable), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms. 

1. DESCRIPTION OF SERVICES: The Rhythms of Resource brand includes but is not limited to educational programs and courses; free and paid online resources; a website and related third-party sites; social media platforms; and other distribution platforms (collectively, the “Services”) operated by us.  The Services include but are not limited to: on-demand digital courses, e-book, and educational materials.   

These Terms of Service are applicable to all users of The Rhythms of Resource through its “Website” and related domains, sub domains, and mobile and desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by us.  

Our store is hosted on Squarespace, Inc. (“Squarespace”). They provide us with the online e-commerce platform that allows us to sell our products and services to you. For Squarespace’s terms of use, we encourage you to visit their website.   

We reserve the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services. Any new feature or tool which are added to the current Services shall also be subject to these Terms.  

2. ACCEPTANCE OF TERMS: The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such of these terms, conditions, and notices. We have the right, at our sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately. You may see the most recent changes and version of these Terms as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change. The Services provided by the Sites are made available for your single, personal, non-commercial use only.  

3. USE OF PRODUCTS AND SERVICES: Some of our Services may be accessed via your user account  (“Account”) through Squarespace. Other Services will be delivered digitally directly to your email account provided at checkout and may be digitally downloaded.   

ACCOUNT: Upon first purchase of the Services, You will be prompted to create an Account, which will house your digital Services. Your Account will be password protected via a unique password which you create. Once created, your Account will provide you direct access to the purchased Services and allow you to store and update contact information.   

As our online store is hosted through Squarespace, you may utilize your Squarespace login account for ease of purchasing and utilizing stored payment methods. In such an event, Squarespace will provide two-factor authentication via the devices and information you have provided Squarespace. We are not privy to such information, and it is only utilized through Squarespace, to facilitate the financial aspects of the purchase.  

REGISTRANT INFORMATION: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent/legal guardian and you provide your consent to a teenager’s access to and use of the Services, you agree to be bound by these terms on yours and their behalf. 

You also agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites and especially when creating your Account, as defined below; and (2) maintain and promptly update your Account information to keep it true, accurate, current, and complete.  

If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We reserve the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof) at any time.  

AGREEMENT TO PARTICIPATE, RELEASE OF CLAIMS: Notwithstanding the foregoing, you voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in anyway associated with your participation in the Services, including those described in the ‘Release of Claims’ section below. You agree that by participating in a Services, You do so entirely at your own risk.  

4. PAYMENTS: If You elect to access any component of the Sites and/or Services for which there is a fee, you must first pay all fees and charges associated with such Service prior to access.  

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

PAYMENT PROCESSOR: Payments made on the Sites are processed by the hosting platform, Squarespace. For inquiries how Squarespace processes payment and your personal financial information, please refer to their terms.  

Refund Policy: Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase, or as part of our ‘money-back guarantee.’  

It is our intention for you to be happy with your participation in the and Services. We stand behind our Services such that we offer a ‘money back guarantee’ policy. To obtain this money-back guarantee you must: (1) complete the course, e-book, or digital product, following the day-to-day format, as indicated in your Account; (2) complete all exercises and videos; and (3) do so within 60-days of purchase, or 90-days from purchase for bundles. To request a refund, you may contact kim@rhythmsofresource.com with proof of the above. 

Due to the extensive time, effort, preparation, and care that goes into creating and/ providing the Services, no refunds will be provided for those who do not complete the course or ask for a refund due to hardship or personal circumstances.  

CHARGEBACK POLICY: By agreeing to the terms of this Agreement, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should You attempt to issue a chargeback with your payment company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and you will lose all access to all materials purchased from us, including Services which You may have previously purchased. You will remain contractually responsible for payment of the Services in full.  

SERVICE REFUSAL: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  

5. USER INFORMATION; PASSWORD AND SECURITY: To access certain features of the Sites, such as your Account, you may need a username and password. You agree to keep this information confidential and not share it with anyone else. If we have reasonable grounds to suspect that you have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, we have the right to suspend or terminate your Account and refuse all current or future use of the Sites and Services, without refund. Further, excessive usage of the Sites will be assumed by us to be fraudulent use, and your Account will be immediately canceled without a refund. 

6. LIMITATION OF LIABILITY, RELEASE OF CLAIMS, INDEMNIFICATION: You understand that physical, mental, and emotional exercises associated with the Services can be strenuous and can expose you to the risk of physical injury or exacerbate mental conditions. We urge you to obtain a physical/and or mental examination from a doctor/healthcare provider before participating in any Service (Collectively “Your Participation”). You acknowledge that your Participation may present certain risks, and hereby assume all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below). 

You agree to voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in any way associated with your Participation, you agree that by participating in the Services, you do so entirely at your own risk. Further you expressly agree to release and discharge us and each of our respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.  

You agree that we will not be held responsible in any way for the information that you request or receive through the Services, nor will we be responsible for how you use, apply, or engage with the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release us, in our individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that you ever had, now have or may have against us in the future that may arise from your participation in the Services, including all services and products, to the extent permitted by applicable law. 

NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the process. Enrollment in the Services does not guarantee that you will take any specific action and does not offer any guarantee of success. As such, you understand that we make no guarantee, representation or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. You agree that you will not hold us responsible, in whole or in part, for any result that you do or do not achieve. 

7. HOSTING PLATFORM: We are hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions for the Services, including but not limited to: Squarespace, Stripe, Zoom, and Descript. We reserve the right to utilize any necessary third-party platforms to best deliver the Course. If you would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, we encourage you to visit their individual websites. 

8. USER CONDUCT: As a condition of your use of the Sites, you warrant to us that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. We specifically prohibit any use of the Services, and all users agree not to use the Services, for any purposes other than designated by us.  

NO UNLAWFUL OR PROHIBITED USE: You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from us. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner. 

Lastly, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

9. INTELLECTUAL PROPERTY RIGHTS: 

OWNERSHIP NOTICE: The Services and all related services are the sole and exclusive property of us and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. This includes all aspects of the Services such as videos, digital downloads such as worksheets and e-books, educational components added to enhance the Service experience, and any other material provided as part of the Service purchase. 

COPYRIGHTED CONSENT: We retain all ownership and intellectual property rights to the Service content and materials provided to you through the sites and otherwise, including all copyrights and any trademarks belonging to us and our related entities. The Services content and materials are being provided to you for your individual use only and with a single-user license; this means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the materials, electronically or otherwise, for any use, and especially not in a business, commercial, or any other way that earns you money, without the prior written permission by us.  

Furthermore, by agreeing to these Terms you understand that our materials are protected by the United States Intellectual Property laws, including the Copyright Act of 1976. You understand and agree that violating the terms of these Terms, as described above, may subject you to legal action and that Business will fully pursue all remedies at law against you which it is entitled.  

TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the sites or delivered via the Services are either owned by us or a use right has been granted to us. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the sites. No license is expressly impliedly granted within or because of your use of the Services and Sites. Without our prior permission, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the sites for which you do not have personal rights.  

MATERIALS PROVIDED TO BUSINESS OR POSTED ON THE SITES, COMMUNITY: We do not claim ownership of the materials you provide to us (including testimonies feedback, comments, creative ideas, proposals, and/or suggestions) or post, upload, input or submit to the sites or its associated services or contribute to group channels (collectively “Submissions”). However, by sharing, posting, uploading, inputting, providing, or submitting your Submission you are granting us permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.  

10. LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.   

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF WE FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.  

11. LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under our control , and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.  

12. PRIVACY POLICY: We respect personal information, your privacy, and permit you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into these Terms by this reference.  

13. SMS MESSAGING: By consenting to our SMS marketing and subscription offers, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list.  

Message frequency varies. Consent to SMS is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages.

You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, however you are responsible for all charges and fees associated with text messaging and SMS imposed by your wireless provider. Message and data rates may apply. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.  

You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service

For additional information, you may view our Messaging Terms of Service and Privacy Policy. Your use of our SMS messaging feature constitutes acceptance. For any questions, text HELP to the number you received the messages from. You can also contact us at kim@rhythmsofresource.com for more information.  

14. AUTHORIZED USE OR OUR SERVICES AND PROHIBITED USES: You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, regulations, rule, and other laws as may be relevant in the jurisdiction in which you receive the Services.  

You agree not to use the Services for any whatsoever: 

• For any unlawful purpose, or in a way that could violate applicable federal, state, local, or international law or regulation. 

• To engage in conduct that restricts or inhibits anyone’s use of enjoyment of the Services, or which, as we determine may cause harm, especially to another client using the Services, or expose anyone to liability. 

• Use the Services in any manner that could disable, overburden, damage, or impair the Sites or another party’s use of the Services.  

• Use an automated device, process, or means to access the Service 

• Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes. 

• Post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us. 

• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services. 

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make. 

• Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services. 

• Interfere in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services; or 

• Otherwise attempt to interfere with the proper working of the Services.  

15. TERMINATION: These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).  

16. Governing Law, DISPUTE RESOLUTION: This Agreement shall be construed according to the laws of the County of Marin in the State of California. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution in 14-days, they agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both, unless they both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. The parties both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place; it will be held in the County of Marin in the State of California where Business’s principal place of business is located.  

17. SEVERABILITY, ENTIRE AGREEMENT: If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, these Terms constitute the entire agreement between us with respect to the Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Sites. If we choose to waive or not enforce one or more terms of these Terms, it does not in any way limit our right to later enforce every part of these Terms.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.  

18. EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from us related to the Services, the Website, The Rhythms of Resource brand, and your participation in all the above. By agreeing to these Terms, You give us permission to email you, at the email address on file, regarding the same.  

19. TESTIMONY RELEASE: You grant The Rhythms of Resource, its representatives, employees, agents and/or assigns the right to solicit and share a voluntarily created, written or video testimonial, which you submitted to us or shared with us across various Sites. You understand that you have the right to decline The Rhythms of Resource sharing a testimonial across their channels and Sites, or to ask that your name and likeness are not associated with your testimonial. You understand that your participation will not impact the Services you receive. 

 20. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: kim@rhythmsofresource.com