Terms and Conditions – Purchase

Effective date: April 28, 2022

 

Terms and Conditions

I’m so excited that you have decided to work with me. This relationship is conditional on your full acceptance of these Terms and Conditions. Although some may say that these may be boring please review the entire Terms and Conditions as outlined below, they affect your legal rights. We rely on these Terms and Conditions in order to provide this website & services.

This agreement (“Agreement”) is made and entered into by and between You, the User (“You” or “User”) and The Well-Traveled Palate LLC, P.O. Box 99645, Lakewood, WA 98496 USA (“The Well-Traveled Palate” or “Natasha” and User, each a “Party” and together, the “Parties”).

In consideration of the promises, covenants, terms, and conditions set forth in the Agreement, the Parties hereby agree as follows.

1. Conditional Use

1.1 Use of any purchases made, and usage of this website, is conditional on full acceptance of the provisions within this document. Access to products and services shall constitute full acceptance of all conditions and terms. If You do not accept the terms do not access this website, or engage in any relationship with Natasha.

1.2. These Conditions and Terms govern the relationship between the User and this Website, its owners, servants, employees, and agents. Website may refer to number of website(s), including but not limited to: allinwoman.com hnbexperiences.com, thewelltraveledpalate.com, mysixfigureyear.com, heynatashaboo.com, and mysixfigureyear.mykajabi.com, all of which are wholly owned and operated by The Well-Traveled Palate LLC.

1.3 All services and products appearing on these websites are sold by The Well-Traveled Palate LLC. You agree that any relationship arising out of or relating to Websites owned by The Well-Traveled Palate LLC as well as any relationship between Natasha and User, shall be governed by this Agreement.

1.4 These Conditions and Terms govern the relationship between You and The Well-Traveled Palate LLC, its servants, and agents.

1.5 Products, services, and relationship(s), include but are not limited to the following: all items which are available for sale on Websites owned by The Well-Traveled Palate LLC, all mentoring provided by The Well-Traveled Palate LLC and or its agents, including but not limited to Natasha Ho.

2. Terms & Termination

2.1 Term & Renewal

The term of this Agreement shall commence with the Effective Date and end with the End Date outlined in the service (“Term”). Upon expiration of the Term the Agreement may be renewed if the Parties so agree in writing; the fee for any renewal period may increase upon prior written notice to Client.

2.2 Termination

The Agreement may be terminated early only as follows:

  • Upon the mutual written agreement of the Parties;
  • In the event of a material breach by a Party immediately upon written notice provided by the non-breaching Party (except with respect to automatic termination pursuant to Paragraph 10.2); or
  • At any time by either Party, with or without cause, upon 30 days written notice to the other Party.  If Client terminates the Agreement without cause, Client remains responsible for the Program Fees for services rendered and must immediately make payment of any remaining balance of the Program Fee; in such case no refunds will be provided. If The Well-Traveled Palate terminates the Agreement without cause, Client will receive a pro-rated refund of the Program Fees based the amount of the time left in the Term.

3. Client Satisfaction / No Refund Policy

3.1. There are no refunds on any products or services sold by The Well-Traveled Palate LLC. 

3.2 There are no returns on any products or services sold by The Well-Traveled Palate LLC.

3.3 The Well-Traveled Palate wants you to be happy with your services. If for some reason you are not satisfied please reach out to The Well-Traveled Palate team. 

4. Permitted Usage & Protection of Proprietary Rights

4.1. You may use this Website and any copywritten materials from The Well-Traveled Palate for your own personal or commercial purposes as expressly provided by these Terms and Conditions. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from this Website, its contents or any copywritten materials from The Well-Traveled Palate. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy this Website or its contents. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website or copywritten materials from The Well-Traveled Palate.  Any unauthorized use of this Website or its content is prohibited.

4.2 Definition of Confidential Information. “CONFIDENTIAL INFORMATION” as used in this Agreement shall mean any and all information including proprietary information, software programs, software source documents, computer files and any documents related to the past, current, future and proposed products or services of User, User’s employees, User’s suppliers and customers, and includes, without limitation, User innovations, User property, and User’s information concerning research, experimental work, development, legal details and specifications, financial information, customer lists, and business forecasts.

4.3 Non-disclosure and Nonuse Obligations. The Well-Traveled Palate agrees to protect the confidentiality of all Confidential Information and, except as permitted in this section, The Well-Traveled Palate shall neither use nor disclose to any third party the Confidential Information. The Well-Traveled Palate may use the Confidential Information solely to perform Services under this Agreement for the benefit of the User.

4.4  Exclusion from Nondisclosure and Nonuse Obligations. The Well-Traveled Palate’s obligations under Section 4.3 (“NONDISCLOSURE AND NONUSE OBLIGATIONS”) with respect to any portion of the Confidential Information shall not apply to any such portion which (a) was in the public domain at, or subsequent to, the time such portion was communicated to The Well-Traveled Palate by User through no fault of The Well-Traveled Palate; (b) was rightfully in The Well-Traveled Palate’s possession free of any obligation of confidence at or subsequent to the time such portion was communicated to The Well-Traveled Palate by User; or (c) was developed by The Well-Traveled Palate independently of and without reference to any information communicated to The Well-Traveled Palate by User. A disclosure of Confidential Information by The Well-Traveled Palate, either (i) in response to a valid order by a court or other governmental body, (ii) otherwise required by l aw, or (iii) necessary to establish the rights of either party under this Agreement, shall not be considered to be a breach of this Agreement or a waiver of confidentiality for other purposes; provided, however, that The Well-Traveled Palate shall provide prompt prior written notice thereof to User to enable User to seek a protective order or otherwise prevent such disclosure. 

4.5  Ownership and Return of User Property. All materials furnished to The Well-Traveled Palate by User, whether delivered to The Well-Traveled Palate by User or made by The Well-Traveled Palate in the performance of Services under this Agreement, and all other property of User (including, without limitation, all Confidential Information, computers, computer software and computer disks), (collectively, the “USER PROPERTY”) are the sole and exclusive property of User or User’s suppliers or customers, and The Well-Traveled Palate hereby does assign to User all rights, title and interest The Well-Traveled Palate may have or acquire in the User Property.  Upon the earlier of (i) termination of this Agreement for any reason and (ii) expiration of five (5) days after User’s request, The Well-Traveled Palate shall at User’s option either immediately destroy or deliver to User (a) all User Property, including all copies and excerpts of same, (b) all tangible media of expression in The Well-Traveled Palate’s possession or control which incorporate or in which are fixed any Confidential Information, and (c) written certification of The Well-Traveled Palate’s compliance with The Well-Traveled Palate’s obligations under this sentence.

5. Website Usage

5.1 You are solely responsible for the accuracy and completeness of any information inputted into the Website, please be sure to check any information that is inputted on your behalf. The Well-Traveled Palate is not responsible for any injury resulting from any error and or omission, however caused or arising.

5.2  By uploading content to or submitting any materials for use on this website, including, but not limited to, blog posts, forum posts, typewritten communications, articles, etc, you grant, or warrant that the owner of such rights has expressly granted, The Well-Traveled Palate a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, commoditize, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed.

6. Use of Materials

6.1 Materials provided by or through this Website including, but without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, slogans, trademarks and service marks (collectively referred to as the “Materials”), are the property of The Well-Traveled Palate, they are protected by copyright, trademark and other intellectual property laws. No rights or license is acquired by You, in any trademark, copyright, or other intellectual property rights.

7. Access to Website

7.1 The Well-Traveled Palate reserves the right to suspend, or cancel any membership, and / or restrict access to this Website, or any subscriptions or services, for any reason, at its sole discretion, moreover the entire Website may be made unavailable at any time. If User breaches a payment agreement for a purchase, The Well-Traveled Palate reserves the right to suspend User’s access to previous purchases until all payments are up to date. 

8. Disclaimer

THE WELL-TRAVELED PALATE CANNOT GUARANTEE THAT ACCEPTABLE OR FAVORABLE RESULTS WILL BE OBTAINED FROM THE USE OF ITS PROGRAM OR SERVICES. THE PROGRAM AND SERVICES ARE INTENDED FOR USE BY PERSONS HAVING APPROPRIATE TECHNICAL SKILLS AND APPROPRIATE CONDITIONS AT THEIR OWN DISCRETION AND RISK. THE WELL-TRAVELED PALATE MAKES NO WARRANTIES AND ASSUMES NO OBLIGATION OR LIABILITY WITH RESPECT TO THE PROGRAM OR ANY SERVICES. THE CLIENT IS EXPECTED TO USE THE EDUCATION IN THIS PROGRAM AT THEIR OWN DISCRETION AND RISK.

9. Communications

9.1 You hereby authorize The Well-Traveled Palate to contact you via e-mail, or by other means, seeking comment on services, communicating offers from our partners, promotions, and or information that we believe may interest you.

9.2 Being accessible and attentive to the User is a priority for The Well-Traveled Palate. The Parties acknowledge and agree to the following communication protocols and parameters:

  • The Well Traveled Palate agents will use commercially reasonable efforts to respond to you within 24 hours Mondays through Fridays (except during vacations, maternity or other medical leave, or other unplanned events or emergencies). On weekends and holidays,The Well Traveled Palate will use commercially reasonable efforts to respond within 48 hours or the next business day (with the same exceptions noted above).
  • No Sessions will be scheduled / held on holidays, and days/times open for sessions is dependent onThe Well Traveled Palate’s schedule, which can change each week. 
  • The Well Traveled Palate has a limited number of time slots available each week for Sessions and it is the User’s responsibility to book Sessions on a first come first serve basis. 
  • Email is the only form of communication to be used outside of the scheduled Sessions. You can contact The Well Traveled Palate via support@allinwoman.com

10. Purchases & Payments

10.1 All purchases are non-refundable.

10.2 Where a Payment Plan has been entered into, You agree to pay such amount(s) according to the order form and or order confirmation. If any payment is not received by the date due, Services will be suspended until payment is made. A failure by Client to make payment within 30 days of the due date shall be deemed a material breach and this Agreement shall automatically terminate; in such case Your forfeit any and all remaining Sessions and other Services and shall remain responsible for paying any remaining balance of the Program Fee.

 10.3 All accounts are due when billed, any outstanding amounts owing will bear interest at the rate of 24% per year.

10.4 All amounts are in USD.

10.5 You acknowledge and agree that Parties’ relationship, as well as any purchases which You may make or have agreed to make, are not a matter of pro rata time.

10.6 You hereby authorize all charges to be made on the credit card provided, and irrevocably direct The Well-Traveled Palate, or any party designated by The Well-Traveled Palate, to charge the credit card provided by you.

10.7 You further authorize and direct us to process charges on the credit card provided at each payment date without further reference to you.

11. Warranty / Limitation of Liability

Notwithstanding anything contained elsewhere in the Agreement to the contrary this Paragraph 11 of the Agreement, specifically Paragraphs 11.1 and 11.2 shall supersede and control in the event of a conflict with any other provision in the Agreement hereto.

11.1 Warranty

The Well-Traveled Palate warrants that the Services will comply with applicable law and will conform to generally prevailing industry standards.  User must report any alleged deficiency in Services provided in a Session in writing to The Well-Traveled Palate within ten (10) days after the Session or, for other alleged deficiencies, within ten (10) after The Well-Traveled Palate provides the Services to User which are the subject of User’s dissatisfaction.  User’s exclusive remedy for the breach of this warranty will be the re-performance of the Services within a commercially reasonable time.  THE WARRANTY SET FORTH ABOVE IN THIS PARAGRAPH 11.1 IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS, OR STATEMENTS MADE ON OR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.  THIS WARRANTY IS THE ONLY WARRANTY MADE BY THE WELL-TRAVELED PALATE AND THE WELL-TRAVELLED PALATE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11.2 Limitation of Liability

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING AS A RESULT OF OR RELATED IN ANY WAY TO THE PROGRAM OR PERFORMANCE OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.  THE WELL-TRAVELED PALATE’S TOTAL LIABILITY FOR ANY DAMAGES ARISING AS A RESULT OF OR RELATED IN ANY WAY TO THE PROGRAM OR PERFORMANCE OF THE SERVICES OR IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL BE LIMITED TO THE PROGRAM FEES PAID BY CLIENT DURING THE TERM OUT OF WHICH THE DAMAGES AROSE.

12. Indemnification

12.1 Indemnity of User

The Well-Traveled Palate agrees to indemnify, defend and hold harmless User from and against all third party claims for liabilities, losses, injuries or damages to person or property, or any other type of damages or expenses including reasonable attorneys’ fees (collectively, “Damages”) directly resulting from The Well-Traveled Palate’s gross negligence or intentional misconduct in providing the Services to User.

12.2 Indemnity of The Well-Traveled Palate

Except with respect to matters which The Well-Traveled Palate is obligated to indemnify User for pursuant to Paragraph 12.1 above, User agrees to indemnify, defend and hold harmless The Well-Traveled Palate LLC and its affiliates and its and their owner, directors, officers, employees, and agents from and against all third party claims for Damages arising out of (i) the performance of the Agreement by either Party or (ii) the provision of the Services by The Well-Traveled Palate.

13. General Provisions

13.1  Successors and Assigns.  This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns. User may not assign or otherwise transfer this Agreement or any rights or obligations hereunder without the prior written consent of The Well-Traveled Palate, which may be given or not at its sole discretion.  The Well-Traveled Palate may assign or transfer any or all of its rights or obligations under this Agreement, provided that such assignee or transferee agrees in writing to be bound by the provisions of this Agreement.

13.2  Notices.  Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by scanning and emailing, upon acknowledgment of receipt of electronic transmission; or (d) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or to such other address as either party may specify in writing.

13.3  Disputes/Governing Law/Arbitration.  

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR

LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.

The User and The Well-Traveled Palate will use commercially reasonable efforts to work out any issues or disputes between them by having a one-on-one recorded conversation via Zoom, via email or through their attorneys.  As a precursor to any effort to resolve a dispute, User shall submit his/her complaint to The Well-Traveled Palate with full details about his/her dissatisfaction with the Program via e-mail to natasha@allinwoman.com.

However, should the Parties be unable to resolve a dispute by the means specified above, the dispute shall be referred to an arbitrator mutually agreed upon by the Parties to be conducted in accordance with the rules of arbitration selected by the arbitrator. (In the event the Parties are unable to mutually agree on an arbitrator, each Party shall select an arbitrator and the two arbitrators shall select a third arbitrator who shall serve as the arbitrator.)  The only remedy that can be awarded to User is a refund of amounts actually paid by User to The Well-Traveled Palate for the Program. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon. Each Party shall be responsible for its share of the arbitration fees in accordance with the applicable rules of arbitration. In the event a Party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other Party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

The User understands that the only remedy that can be awarded to him/her through arbitration is a full refund of payments he/she actually made to The Well-Traveled Palate for the Program. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding, and may be entered into any court having the appropriate jurisdiction. Notwithstanding any statute of limitations or other applicable law to the contrary, any arbitration must be commenced within one (1) year of the Program End Date.

13.4  Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

13.5 No Waiver; Modification.  Neither Party’s failure to enforce strict performance of any provision of this Agreement will constitute a waiver of a right to subsequently enforce such a provision.  No waiver of any provision of this Agreement shall be valid unless made in writing and signed by the Party to be charged.  No written waiver shall constitute, or be construed as, a waiver of any other obligation, term, or condition of this Agreement. This Agreement may be amended or modified only by a writing signed by authorized representatives of the parties. 

13.6 Force Majeure; Excusable Delays.  The Well-Traveled Palate shall not be responsible for delays or failures in performance resulting from acts beyond the control of The Well-Traveled Palate, including, without limitation, acts of God, labor strikes or shortages, riots, acts of war, epidemics, fire, communication and power line failures, weather, earthquakes, hurricanes, services or acts of third parties (e.g., flight delays, changes or cancellation of flights), accidents, death, illness, and pregnancy or other medical leave of absence or conditions (collectively, “Force Majeure Events” or “Excusable Delay”). In the event of Excusable Delay, performance shall be suspended until such time as The Well-Traveled Palate determines in its reasonable business judgment that all causes for the Excusable Delay have passed and it is suitable and safe for performance to resume.

13.7 Notices.  All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given when delivered via e-mail or (b) updated on the Terms and Conditions section of the Website.  

If to The Well-Traveled Palate: Natasha Ho

The Well-Traveled Palate LLC

P.O. Box 99645, Lakewood, WA 98496

natasha@allinwoman.com

13.8  Survival. The definitions contained herein and the rights and obligations contained in sections 4 (“Protection of Proprietary Rights”), and 15 (“General Provisions”) shall survive termination of this Agreement.

13.9 Non-Disparagement. User agrees not to engage in any conduct or communications, oral or written and public or private, which disparages The Well-Travelled Palate, the Program, or any services provided by The Well-Traveled Palate or Natasha Ho. Nothing herein shall be construed to prevent User from providing documents or testimony in any legal proceeding or government investigation as maybe required or permitted by law.

13.10  Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this Agreement and the provision of Services by The Well-Traveled Palate to User and supersedes all prior or contemporaneous oral or written agreements concerning the subject matter hereof.  To the extent The Well-Traveled Palate provides additional services (“ADDITIONAL SERVICES”) to User (i.e., services other than the Services as defined in section 1 (“Engagement of Services”) of this Agreement), the terms and conditions of this agreement other than the description of the services in section 1 and the compensation payable in section 2 of this Agreement will govern all such Additional Services unless and until a separate agreement is entered into by the parties covering said Additional Services.