Medical DisclaimerandTerms & Conditions
Important Medical Disclaimer
Sustainable Happiness Together LLC strives to ensure that the information in these courses is correct at the time of creation. Although, in the world of science information tends to shift and change. Sustainable Happiness Together LLC does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. These courses are not intended as a substitute for the medical advice of health care providers. The participants should regularly consult their medical provider(s) in matters relating to their health and particularly with respect to any symptoms that may require medical attention.
These courses and any of our co-creator courses contain the opinions and ideas of their creators and the people referenced. It is intended to share helpful and informative information on the topics addressed in these courses. They are sold with the understanding that Sustainable Happiness Together LLC and associated co-creators are not engaged in rendering medical or health services in the courses. The participants should consult their medical, health, psychologist, or other competent professional before adopting any of the suggestions in these courses or drawing inferences from them. Cyrina Bullard, Liz Rutledge, Sustainable Happiness Together LLC, and our course co-creators specifically disclaim all responsibility for any liability, loss, or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use and or application of any of the contents of these courses.
Terms and Conditions
This agreement applies as between you, the User of this Website, and Sustainable Happiness Together LLC, and LearnWorlds, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11, and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment Information, and credentials used by Users to access Paid Content and/or any communications System on the Website;
Content: means any text, graphics, images, audio, video, software, data compilations, and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services, or information that Sustainable Happiness Together LLC makes available through the Website either now or in the future;
Services: means the content available to you by Sustainable Happiness Together LLC through the Website, specifically the LearnWorlds e-learning platform;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers, and sort codes;
Premises: Means Our place of business located at 2250 Elm St., Denver, CO 80207-3809, USA;
System: means any online communications infrastructure that Sustainable Happiness Together LLC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;
User / Users: means any third party that accesses the Website and is not employed by Sustainable Happiness Together LLC;
Website: means the website that you are currently using (https://www.sustainablehappinesstogether.com) and any classes offered and sub-domains of this site (e.g. winningwellness.learnworlds.com, https://www.sustainablehappinesstogether.com/course/schoolsbrightbutterflylessons, https://www.sustainablehappinesstogether.com/course/bright-butterfly-for-single-class, etc.) unless expressly excluded by their own terms and conditions; and
We/Us/Our: means Sustainable Happiness Together LLC.
2. Age Restrictions
3. Business Customers
- 3.1 For Schools and Classrooms purchasing offerings (https://www.sustainablehappinesstogether.com/course/schoolsbrightbutterflylessons, https://www.sustainablehappinesstogether.com/course/bright-butterfly-for-single-class, etc.), license expires on June 30, 2023 (or the official end of the school year) and must be renewed for each subsequent school year, unless specified or otherwise contractually negotiated.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, downloadable PDF documents, page layout, underlying code, and software is the property of Sustainable Happiness Together LLC, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United States, and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Links to Other Websites
7. Links to this Website
8. Use of Communications Facilities
8.1 When using any System on the Website you should do so in accordance with the following rules and determined solely by Sustainable Happiness Together. Failure to comply with these rules may result in your Account being suspended or closed:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is copyrighted, abusive, threatening, harassing, defamatory, ageist, sexist, or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of Sustainable Happiness Together LLC or Our affiliates; and/or co-creators.
8.1.7 You must not use Our System for unauthorized mass communication such as "spam" or "junk mail".
8.2 You acknowledge that Sustainable Happiness Together LLC reserves the right to monitor any and all communications made to Us or using Our System.
8.3 You acknowledge that Sustainable Happiness Together LLC may retain copies of any and all communications made to Us or using Our System.
8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account that will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission may be required; and
9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10. Termination and Cancellation of Accounts
10.1 Either Sustainable Happiness Together LLC or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
10.2 If We terminate your Account, any current or pending orders or payments on your Account will be canceled and provision of Services will not commence.
10.3 If your course access expires, your access to the course will be canceled and provision of Services will not commence until renewed.
11. Services, Pricing and Availability
Services, Pricing and Availability
- 11.1 While We strive to ensure that all general descriptions of Services available from Sustainable Happiness Together LLC correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances.
- 11.2 Where appropriate, you may be required to select the required Plan of Services.
- 11.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily assure availability until confirming your Order. Availability indications are not provided on the Website.
- 11.4 All pricing information on the Website is correct at the time of publishing online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary without notice.
- 11.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 11.6 All prices on the Website do not include Taxes/VAT, where applicable.
12. Orders and Provision of Services
12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Sustainable Happiness Together LLC and you.
12.2 Order confirmations under sub-Clause 12.1 will be sent to you before the Services begin and shall contain the following information:
12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
12.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
12.2.3 Relevant times and dates for the provision of the Services;
12.2.4 User credentials and relevant information for accessing those services
12.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
12.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
12.5 We aim to fulfill your Order within a commercially reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a commercially reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timeline but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
12.6 Sustainable Happiness Together LLC shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with leading trade practice.
12.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections in OUR sole discretion are made within five (5) business days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 12.8 Sustainable Happiness Together LLC provides technical support via email and/or phone, but we do not guarantee a particular response time.
13. Cancellation of Orders and Services
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and your rights under that Act.
15.2 We may use your personal information to:
15.2.1 Provide Our Services to you;
15.2.2 Process your payment for the Services; and
15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
15.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the CCPA and should use and hold your personal information accordingly.
- 15.4 We will not pass on your personal information to any other third parties without first obtaining your express written permission.
16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 16.4 While We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
17. Changes to the Facilities and these Terms and Conditions
18. Availability of the Website
18.1 The Website uses industry leading practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages or ‘downtime’. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUSTAINABLE HAPPINESS TOGETHER LLC AND ASSOCIATED CO-CREATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE SUSTAINABLE HAPPINESS TOGETHER LLC PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL SUSTAINABLE HAPPINESS TOGETHER LLC'S AND ASSOCIATED CO-CREATORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY SUSTAINABLE HAPPINESS TOGETHER LLC AND ASSOCIATED CO-CREATORS FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable U.S. laws and regulations preventing Sustainable Happiness Together LLC from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network (VPN) service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to an entity on any Sanctions List or otherwise use the services in a manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, Sustainable Happiness Together LLC may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.
You agree to indemnify, defend, and hold harmless the Sustainable Happiness Together LLC Parties from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Sustainable Happiness Together LLC shall be governed by and construed in accordance with Colorado Law and Sustainable Happiness Together LLC and you agree to submit to the exclusive jurisdiction of the United States of America.
Binding Arbitration and Class Action Waiver
You and Sustainable Happiness Together LLC agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org or by calling (800) 778-7879, and are hereby incorporated by reference. In the event of any inconsistency between this arbitration provision and the AAA Rules, such inconsistency shall be resolved in favor of this provision. If you decide to initiate arbitration, you agree to pay the initiation fee of $200 (or the amount otherwise required by the AAA Rules), and we agree to pay the remaining arbitration initiation fee and any additional deposit required by AAA to initiate your arbitration. We will pay the costs of the arbitration proceeding, including the arbitrator’s fees; however, other fees, such as attorney’s fees and expenses of travel to the arbitration, shall be paid in accordance with the AAA Rules and applicable law. We will pay all costs associated with any arbitration that we commence. A single, neutral arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least five years or a retired judge. The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and we agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of governmental agencies.
Neither you nor Sustainable Happiness Together LLC may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. The Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Sustainable Happiness Together LLC individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
A court may sever any portion of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis, and the remaining portions of this arbitration provision will remain valid and enforceable. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR SUSTAINABLE HAPPINESS TOGETHER LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Our Content Providers and integrated service providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ACCEPT NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, FORESEEABLE OR OTHERWISE, INCLUDING ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREIN. YOU SHOULD BE AWARE THAT YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.
20. Previous Terms and Conditions
21. Third Party Rights
22.1 All notices / communications shall be given to Us by email to [email protected]. Such notice will be deemed received the day the email is received in full on a business day and on the next business day if the email is received on a weekend or public holiday. If you do not receive a response in what you consider a timely manner, please resend your message or contact us via the telephone number provided.
22.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
With your purchase, you receive:
- Catch and Spread Happiness with Dr. Cyrina Bullard
- Experience Mindfulness with Liz Rutledge
- Flow Through Life with Resiliency with Dr. Cyrina Bullard
- Mindful Journey of the Senses with Liz Rutledge
- Your Life of Design...Not One of Default with Dr. Cyrina Bullard
- Amy Ippoliti brings on the calm with Yoga for Stress Relief
- Rachel Muskopf supports us in Living a Sustainable, Healthy Lifestyle
- Chef Nakia shows us how to truly enjoy our food by Creating Culinary Vision and Joy
- Catherine "Cat" Peters introduces us to The Untapped Power of the Nap
- Lawyer Jeff Schwartz demonstrates Creativity in Turning Challenges to Opportunities
- Gina Piggott teaches us about the Nine Environments of YOU