Terms & Conditions

Privacy Policy and Terms

Privacy Policy

Version 1.30

Last updated 02/24/2020

This is the privacy policy for Sense Writing (including related websites including sensewriting.org, thesensewritingcourse.com) (“our”, “us”, “we”, “I” “Sense Writing” or “Madelyn”).

Sense Writing values your privacy and recognizes our role in protecting your personal data. Please read this Privacy Policy carefully before using or proceeding to access the Sites. Your use of the Sites and Services indicate that you are accepting the policies and practices described in this Privacy Policy.

By accessing or using the Site, you are accepting the current version of this Privacy Policy, on behalf of yourself or the entity that you represent, and you represent and warrant that you have the right, authority, and capacity to consent to this Privacy Policy, on behalf of yourself or the entity that you represent. If you do not agree with the terms of this Privacy Policy, do not access or continue to use the Site.

This policy applies to our websites, including those of our divisions, subsidiaries and related companies (collectively, the “Websites”) and to our other information collection, including referrals from third parties. We are not responsible for the information collected or privacy practices of third party web sites or applications.

WHAT INFORMATION DO WE COLLECT?

We collect information from you when you register for an account on the Site, place an order, subscribe to our newsletter, sign up to attend a webinar or course, respond to a survey, or fill out a form.

When ordering or registering on the Site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, and/or other personal information.

WHAT DO WE USE YOUR INFORMATION FOR?

Any of the information we collect from you may be used in one of the following ways:

  • To personalize your experience: Your information helps us to better respond to your individual needs.
  • To improve the Site: We continually strive to improve the Site based on the information and feedback we receive from you.
  • To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
  • To process transactions: Your information may be used to deliver purchased products or services, and may be communicated to third parties to facilitate transactions related to purchased products or services.
  • To administer a contest, promotion, survey, or other site feature: Your information may be used to invite you to participate in contests, promotions and surveys, on such other features offered on the Site.
  • To send periodic emails: The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe such release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

HOW DO WE PROTECT YOUR INFORMATION?

We implement a variety of security measures to maintain the safety of your personal information when you place a payment order or enter, submit, or access your personal information.

Credit Card Information.

Sense Writing and its associated websites may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from Sense Writing. When the Credit Card Information is submitted to Sense Writing, such information is encrypted and is protected with SSL encryption software. Sense Writing will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to third parties only as necessary to complete the purchase transaction. We may choose to complete transactions through a payment processor, and if we do so, the information required to complete billing may be retained by that payment processor.

If you wish to have us delete data relating to you from our database, please email us at [email protected]. We will make a good faith effort to make these deletions. Note that we are only able to delete information that we can find based on the information you provide us. If, for example, you have two email addresses but only provide us with one of them in a deletion request, we may not delete the information associated with the second address. In addition, we may obtain information about you subsequent to a deletion request. If we do subsequently obtain information, you may submit a subsequent deletion request.

DO WE USE COOKIES?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow cookies) that enable the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third party service providers to assist us in better understanding visitors to the Site. Such service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

THIRD PARTY LINKS

Occasionally, at our discretion, we may include or offer links on the Site to third party websites and their respective products or services on the Site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of such websites. Nonetheless, we seek to protect the integrity of the Site and welcome any feedback about these third party websites. Please consult our Terms of Service for more information about links to third party websites.

ONLINE PRIVACY POLICY ONLY

This Privacy Policy applies only to information collected through or in connection with the Site, including any third party links posted or embedded within the Site to collect the same, and not to information collected offline.

CHANGES TO OUR PRIVACY POLICY

This Privacy Policy is subject to occasional revision. Continued use of the Site following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

LEGAL REQUESTS

If we receive a subpoena, warrant, discovery order or other request or order from a law enforcement agency, court, other governmental entity, or litigant that seeks data relating to the Site (a “Legal Request”), we will make reasonable attempts to direct the requesting party to seek the data directly from you. If we ask the requesting party to direct the request to you, we will provide your contact information to the requesting party. If legally compelled to produce information and unless legally prohibited, we will use reasonable efforts to notify you so they can notify you as permitted by law. We will direct any requests for information under data protection laws to you, unless prohibited by law.

Contact

If you have any questions regarding this policy or your dealings with our website, please contact us here.

 

Terms

BY VISITING THEthesensewritingcourse.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW
The terms “we,” “us,” and “our” refer to Sense Writing. The term the “Site” refers to Thethesensewritingcourse.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. On Thethesensewritingcourse.com we provide information about Sense Writing delivered in audio, video, email, pdf files, blog posts, live events including webinars and workshops, video sessions, phone sessions (including Skype & Zoom), in-person sessions, and digital products. (the “Service”). The site should not be used as a substitute for professional medical advice,diagnosis, or treatment. Use of Thethesensewritingcourse.com, including all materials presented herein and all online services provided by Madelyn Kent, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to Sense Writing, the Feldenkrais Method, Mindfulness, Meditation and other information are subject to change. Sense Writing and Madelyn Kent make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Sense Writing disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Sense Writing and Madelyn Kent will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. ORDER CONFIRMATION We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS
There is a 21-Day refund policy for the 12 week course. All cancellations must be submitted by email by midnight on the 21st day of the course, along with completed course reflections.

COUPON CODES, DISCOUNT, & INCENTIVES

Only one code, discount, or incentive can be applied during initial purchase. Coupon code, discount, or incentive that is used at time of purchase cannot be exchanged for another after purchase.

PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Sense Writing. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Sense Writing remains yours to the extent that you have any legal claims therein. You agree to hold Sense Writing harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Sense Writing, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Sense Writing. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SENSE WRITING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SENSE WRITING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SENSE WRITING CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SENSE WRITING, AND IF NO PURCHASE HAS BEEN MADE BY YOU SENSE WRITING CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent

DISCLAIMERS

No Medical Advice, Diagnosis, or Treatment

THE SITE AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR FOR A PROFESSIONAL THERAPEUTIC RELATIONSHIP.

Users should not rely on the Site or the Services for diagnosis or treatment of any health condition. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately.

No Express or Implied Warranties

The Site and the Services are provided on an “as is” basis to the extent permissible by law, and Sense Writing expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Sense Writing makes no warranty that the Site or the Services will meet any User’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

Testimonials or endorsements on the Site have not been scientifically evaluated and results experienced by Users vary significantly. Many statements outlined on the Site are simply opinion.

LIMITATIONS

Exclusions of Certain Damages

UNDER NO CIRCUMSTANCES SHALL SCIENTUITIVE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER TORT, CONTRACT, INDEMNITY OR OTHERWISE) ARISING OUT OF THE SITE AND/OR THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

LIABILITY

In no event shall Sense Writing’s, or that of any director, officer, employee, agent, successor or assign of Sense Writing, cumulative liability to you (including liability to a person or persons whose claims(s) is based on or derived from a right or rights claimed by you) exceed the total consideration paid by you to Sense Writing. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, Sense Writing’s liability is limited to the fullest extent permitted by law.

EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Sense Writing pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Sense Writing shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sense Writing.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: 535 East 86th Street, New York, NY 10028 or [email protected]

GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Sense Writing, New York,New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Meditation Matters or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. Updated: January 20, 2019

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