BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES. 

EFFECTIVE DATE: JANUARY 2024



Subscription Membership Terms & Conditions

By participating in the The Fix Your Period Collective (the “Subscription”), signing this Agreement, or accessing the The Fix Your Period Collective Member Site or (the “Site”) you are agreeing to the following terms.

Please read this Agreement carefully before accessing or using The Fix Your Period Collective’s (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Subscription.

If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at [email protected].

This Subscription Agreement is entered into and effective as of the date of signature below by and between you (“Member”), Nicole Jardim Coaching, LLC doing business as The Fix Your Period Collective (“Company”), having an address of PO BOX 592, Woodbury, Connecticut, 06798.

In consideration of Member enrolling in the Subscription, it is agreed as follows:

 

Section 1: SCOPE OF SUBSCRIPTION

Subscription Membership includes the following separated by subscription level:

 

Flow Sister

  • Access to and use of the Period Quiz and customized Period Dashboard via The Fix Your Period Portal
  • Access to the Period Pillars released on a bi-monthly basis (not including the first two Period Pillars released immediately following registration)
  • Access to one monthly credit to unlock Period Protocol, with the ability to purchase additional credits to be redeemed at the user’s discretion
  • Access to product and supplement recommendations throughout The Fix Your Period Portal including but not limited to the Shop, The Period Pillars, and Period Protocols

 

Menstruation Maven

  • Access to and use of the Period Quiz and customized Period Dashboard via The Fix Your Period Portal
  • Access to the Period Pillars released on a bi-monthly basis (not including the first two Period Pillars released immediately following registration)
  • Access to one monthly credit to unlock Period Protocol, with the ability to purchase additional credits to be redeemed at the user’s discretion
  • Access to product and supplement recommendations throughout The Fix Your Period Portal including but not limited to the Shop, The Period Pillars, and Period Protocols
  • Access to The Fix Your Period Collective’s private online forum and community

 

Period Queen

  • Access to and use of the Period Quiz and customized Period Dashboard via The Fix Your Period Portal
  • Access to the Period Pillars released on a bi-monthly basis (not including the first two Period Pillars released immediately following registration)
  • Access to one monthly credit to unlock Period Protocol, with the ability to purchase additional credits to be redeemed at the user’s discretion
  • Access to product and supplement recommendations throughout The Period Fix Your Portal including but not limited to the Shop, The Period Pillars, and Period Protocols
  • Access to The Fix Your Period Collective’s private online forum and community
  • Access to monthly programming, including live group calls, live trainings and live interviews

 

The Subscription membership services outlined above are hereafter referred to as the “Membership.”

Any additional services offered by Company to Member may require additional fees and signing of a separate agreement to be discussed and agreed upon by the parties. This includes any 1:1 sessions, intensives, or live events.

 

Section 2. MEMBER DUTIES

  • Subscription Rate – In consideration for the Membership provided by Company to Member as set forth in Section 1 above, Member agrees to pay the current listed Membership fee at the time of joining based on the subscription level chosen.

    If you select the month-to-month option, you understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

    If you select the monthly plan, you understand that the subsequent payments will be charged to your account thirty (30) days from the date of the first payment.

    If you select the year-to-year (annual) option, you understand that you will receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

    If you select the annual plan, you understand that the subsequent payments will be charged to your account three hundred and sixty-five (365) days from the date of the first payment.

  • Payment Security and Disputes – To the extent that Member provides Company with bank/credit/debit card(s) information for payment on Member’s account, Company shall be authorized to charge Member’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

  • If Member selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Member agrees to not dispute any charges at any time. In the event that Member inadvertently disputes a charge made to the account, Member agrees to immediately cancel/withdraw such a dispute. Member agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Member is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

  • Member understands that Member’s success or benefit in the Membership is dependent upon Member’s level of participation in the Membership. In order to get the most out of the Membership, Member must also work to participate in the Membership, implement the tools and strategies learned throughout the Membership, and make considerable efforts toward Member’s own development on Member’s own time. Member is responsible for requesting support from Company when needed.

 

Section 3. TERM

  • Monthly Payment Option – The term of this Agreement shall begin on the date a subscription is purchased and continue on a month-to-month basis until the Member cancels their monthly subscription or changes to an annual subscription. The Member will no longer have access to all Services and the Site in the event that Member decides to terminate Membership without initiating a new subscription at a different level or through the annual payment option.

  • Annual Payment Option – The term of this Agreement shall begin on the date a subscription is purchased and continue on a year-to-year basis until the Member cancels their annual subscription or changes to a monthly subscription. The Member will no longer have access to all Services and the Site in the event that Member decides to terminate Membership without initiating a new subscription at a different level or through the monthly payment option.

 

Section 4. CANCELLATIONS AND REFUNDS

  • Member may cancel access to the Membership at any time for any reason by visiting this page. The Membership and/or this Agreement by Member will not extinguish the Member’s obligation to pay the subscription fee(s) as outlined in Section 2 if termination is requested before completion of the existing term. In the event that any Member requests termination of the Membership during an annual payment option, Member is not entitled to any full or partial refunds.

  • Members may use the Site and Membership for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, 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. Doing so is grounds for termination of service, at our discretion.

    In the event that Member engages in abusive or otherwise unprofessional behavior as outlined above in the community forum or Site, towards representatives of Company or other members, Company reserves the right to cancel Member’s Membership and terminate access to the Membership, without warning. No refund will be provided in the event that this takes place. Member will remain obligated to pay all remaining unpaid membership fees in full.

    Member agrees to communicate with other members with the utmost respect and professionalism.

    Member’s failure to effectively participate in the Membership is not grounds for a refund.

  • Programming – Times and dates for monthly programming is pre-scheduled and will be shared with Members via e-mail and within The Period Portal. In the event that a live call or training needs to be rescheduled, Company will notify Members at the earliest possible time. In the event that a training session is canceled, Company will make an effort to arrange alternative programming, but does guarantee that it will be able to do so. Cancellation or rescheduling of programming is not grounds for a refund, full or partial.

  • Refund Policy – Due to the nature of the membership services provided, no refunds can be provided. Member understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.

  • The Membership cannot be paused or placed on hold for any reason without the written authorization of Company.

 

Section 5. NO GAURENTEES

  • We cannot guarantee the outcome of access to the Membership and/or participation in the Site. We make no guarantees other than that the Scope of Subscription described in Section 1(a) shall be provided to you in accordance with this Agreement. Member acknowledges that Company cannot guarantee any results of the Membership as such outcomes are based on subjective factors (including, but not limited to, Member’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Member not achieving his or her desired results is not grounds for a refund.

  • From time to time, and upon Member’s request, Company and/or its representatives may provide Member with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

  • Affiliate Links – Company may provide Member with affiliate links under which Company may be compensated monetarily. Company is no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

  • Technical Issues – In the event that the learning materials provided via the online learning platform are inaccessible, Company shall have 72 hours to re-deliver access to Member, not including holidays or weekends.

  • Force Majeure Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:
    1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
    2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
    3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
  • In the event that Section 5 applies, Company will be permitted to make every reasonable effort to reschedule programming/calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible.

 

Section 6. CONFIDENTIALITY

  • Member Information – Any and all Member information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Member with the services specified here without Member’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Member’s Confidential Information.

  • Participant Information Member agrees to keep private any Confidential Information, as defined in paragraph 6(a), shared by fellow participants in the Membership (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Member agrees not to publish, disclose, reveal or make use of any Information or any transactions, during discussions, on the Facebook group or otherwise. Member agrees not to use such Information in any manner other than in discussion with other Participants in the Membership. Private Information shall not include information rightfully obtained from a third party. Member will keep Participants’ Information in strictest confidence and shall use the best efforts to safeguard the Information and to protect it against disclosure, misuse, loss, and theft.

  • Member understands that despite efforts to maintain privacy of an online forum, Company cannot control all parties. You understand that any forum hosted by Company is to be considered a public forum and that all Members should refrain from sharing confidential or sensitive personal data in any such forum.

  • Company Information – Member agrees to keep confidential any Confidential Information, as defined in Section 6(a), shared by Company in the Membership. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. Confidential Information shall not include information rightfully obtained from a third party. Member will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

  • Non-Disparagement – Member shall, during and after the participation in the Membership, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts a Member’s ability to communicate reviews or performance assessments about a Company’s goods or services.

  • Violations of Confidentiality – Member agrees that if Member violates or displays any likelihood of violating this Section 6 the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

 

Section 7. INDEPENDENT CONTRACTORS

  • Independent Contractor Relationship – This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Member for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Member. Company is or remains open to conducting similar tasks or activities for entities other than the Member and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Member for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Member shall be considered a suggestion only, not an instruction. Company and Member agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Member and Company.

  • Taxes and Benefits – Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Member shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Member for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

 

Section 8. OWNERSHIP OF INTELLECTUAL PROPERTY

  • IP Ownership – Member agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Member a license to use the Intellectual Property solely for Member’s own noncommercial purposes. Member agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Member agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Member may not use such trademarks or service marks for any purpose except with written permission by Company.

    The Fix Your Period Portal™, The Fix Your Period Collective™, Fix Your Period™, and The Period Pillars Collective™, are trademarks of Nicole Jardim Coaching, LLC. The Fix Your Period Collective is a copyrighted work of Nicole Jardim Coaching, LLC.
  • No Resale of Services Permitted – Member agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Membership (including training materials), use of the Membership, or access to the Membership. This agreement is not transferrable or assignable without the Company’s prior written consent.

  • Member agrees to not share access to the Membership or materials with others. This includes parties that have not purchased access to the Membership, or any other third-party that Company has not authorized access to.

  • Recordings – All trainings/group calls and meetings are recorded by Company. Member may access these recordings via the online forum or other means provided by Company. Member agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.

  • Infringement Notification – The Fix Your Period Collective respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

  • How to File an Infringement Notification – If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to The Fix Your Period Collective by both of the following means:

    Email: [email protected]

    In any such notice, please include sufficient information to address the items specified below:
    • Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
    • Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Nicole Jardim Coaching, LLC to locate the material.
    • Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
    • Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
    • Include details of your claim to the material, or your relationship to the material’s copyright holder.
    • Provide your full name, address, and telephone number should we need to clarify your claim.
    • Provide a working email address where we can contact you to confirm your claim.
    • If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
    • If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
    • Sign the document, physically or electronically.

Section 9. WARRANTIES

  • Company’s Warranties – Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

  • Member’s Warranties – Member represents, warrants, and covenants that Member has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Member’s obligations or duties, whether performance is due now or during the Term.

  • Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

 

Section 10. LIMITATION OF LIABILITY 

  • In no event shall Company have any liability to Member for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

  • In no event shall Company’s liability to Member exceed the fees paid by Member under these terms, whether in contract, tort, or under any other theory of liability.

  • The limitations in this Section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 7 and 8.

  • Member understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Membership and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Member understands that Company does not and will not provide any form of diagnosis.
  • If a coach or individual acting on behalf of The Fix Your Period Collective b/d/a Nicole Jardim Coaching, LLC within the program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Member understands that these individual(s) are not acting within their capacity as a licensed professional(s).

 

Section 11. ENTIRE AGREEMENT; MODIFICATION

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

 

Section 12. NEUTRAL CONSTRUCTION

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

 

Section 13. CHANGED TERMS

Company may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on the Membership forum/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 at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

 

Section 14. ASSIGNMENT

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Member may not assign any of its rights under this Agreement. 

 

Section 15. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

The Fix Your Period Collective b/d/a Nicole Jardim Coaching, LLC

PO BOX 592, Woodbury, Connecticut, 06798

E-mail: [email protected]

 

To Member at Member’s mailing and/or e-mail address provided at the time of purchase.

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

 

Section 16. GOVERNING LAW; VENUE; MEDITATION

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 proceeding based on or arising out of this Agreement shall be United States of America, County, The State of New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. 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.

 

Section 17. 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 attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Section 18. SEVERABILITY

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.

Both parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.

Whew – That’s it! Time to get this party started.

The parties have executed this Agreement on the date of enrollment by Member. Completion of enrollment, payment by Member, and granted access to the Site constitutes our Agreement.

You may contact us at any time with questions or concerns regarding our Terms & Conditions. To do so, please e-mail us at [email protected].

BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES. 

EFFECTIVE DATE: JANUARY 2024

 

Section 1. OVERVIEW

Thank you for visiting our website. The terms “we,” “us” and “our” refer to, The Fix Your Period Portal, The Fix Your Period Collective and Nicole Jardim Coaching, LLC. The terms “website” or “site” refer to FIXYOURPERIOD.COM. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, business entities’ agents, representatives, contractors, affiliates, and employees. 

These Terms of Service (“Terms”) apply to all site users, customers, and other visitors of our website. By using our website and/or Services, you hereby agree to have read and acknowledged this Terms of Service and the Privacy Policy set forth herein (collectively referred to as “Agreement”), without modification. 

The Privacy Policy (“Privacy Policy”) contained herein outlines how we may collect, use, and share information about you when using our website, together with products and services we offer from time to time on our website and social media pages, including, but not limited to, Instagram, LinkedIn, TikTok, YouTube, Facebook and Pinterest (collectively referred to as “Services”). This Policy describes both our and your legal rights and responsibilities with regards to information contained on and collected by our website, including information that identifies you, such as your name, location, contact information, e-mail address, search tendencies, and how you use our website (collectively referred to as “Personal Information”). We take seriously our responsibility to protect your personal information and privacy. 

 

Section 2. TERM

This Agreement shall be effective immediately upon visiting, using or interacting with (collectively referred to as “using” or “visiting”) our website. By using our website, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails itself of the website’s Services.

We may change or amend this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. If you use our website or Services after the effective date of any changes, then you agree to comply with the changes and the entire Agreement.

 

Section 3. APPLICABILITY

To use or access our website and Services, you must be thirteen years or older than the age of majority, and must have the ability to enter into this Agreement.

 

Section 4. USE FOR LAWFUL PURPOSES ONLY

All users and visitors must use this website and its Services for lawful purposes only. You hereby agree to use our website, content, products, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.

 

Section 5. DISCLAIMERS, WARRANTIES, AND LIABILITY

AEducational and Informational Purposes Only

All of the information provided on our website and contained in our products, whether for purchase or not, is for educational and informational purposes only. Nothing on our website guarantees accurate, complete, reliable or up-to-date information. 

B. Warranties & Guarantees

We strive to provide the most accurate information possible. However, we cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for particular purposes of any of the content or materials contained within and placed on our website, products, or other publications. To the maximum extent of the law, we provide our website and Services “as is” without any warranties, representations, or guarantees, whether express, implied, or otherwise. 

C. Earnings & Results

We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our Services, products or website. From time to time, we may publish testimonials from clients – however, please keep in mind that past results are not an indication or promise of your results. 

D. Affiliate Programs

We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.

E. Limitation of Liability

To the fullest extent permitted by applicable laws, we disclaim liability for any injuries, losses, or damages of whatever nature arising from the following, either directly, indirectly or consequentially: loss of use, loss of data, damage by Virus, loss or damage to property, claims of third-parties.

 

Section 6. SECURITY & INDEMNIFICATION

In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain accuracy of all Personal Information collected by our website. Physical and technical methods of protection include limited numbers of internal personnel accessing your Personal Information, and password protecting documents or logs that contain Personal Information. 

Transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.

We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and taking appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses. 

Your use of our website, products and Services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products and Services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information. 

 

Section 7. ACCEPTANCE & SCOPE OF PRIVACY POLICY

This Privacy Policy is part of our Terms of Services, which address your access, exchange of information, and use of our Services. The Privacy Policy (outlined in this Section and Sections 1-4, 6-11, 13, 16 and 17), is incorporated herein. By using our website and Services, you hereby agree to all of the terms set forth in our Terms of Service and Privacy Policy. If you do not agree with our Terms of Service or Privacy Policy, then please do not use our website or Services.

This Privacy Policy applies to your Personal Information that is collected by us on our website through when you elect to use our Services. For more information about how we collect and use your information, see Sections 8 and 9 below.

This Privacy Policy does not cover the collection and/or use of your personal information by third-party programs or websites, such as search engines (i.e. Google), commerce platforms and plugins (i.e. Stripe, PayPal), website hosts (i.e WordPress), e-mail marketing programs, video or messenger applications (i.e. Zoom, ActiveCampaign), teaching or webinar platforms (i.e. AccessAlly), or social media platforms. The collection and use of data and information by third-party platforms and programs, such as those described above, are governed by each third-party’s respective privacy policy. However, you should not assume that third-parties have a privacy policy that is equivalent or similar to ours. As such, we are not liable or responsible under any circumstances for the collection and use of your personal information by third-parties or the third-parties’ compliance with their respective privacy policies.

By accepting our Privacy Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors. 

 

Section 8. INFORMATION COLLECTED

“Personal Information” that is subject to these Terms and Privacy policy include, but are not limited to:

  • Information in exchange for products or services – From time to time, we ask for personal information, such as names, e-mail addresses, phone numbers, credit card numbers, account information and/or billing addresses in an exchange for our product, content, or Services.

     

  • Analytics – This website collects data, such as visitor location and times, in order to help us analyze user data and better serve our users. From time to time, our website may collect data such as cookies, pixel tags, clickstreams, and other modern technology to collect information such as browser type, web pages viewed, links clicked, and other actions you may take either on our website or via social media accounts and e-mails associated with us. This information may be used from time to time to help us personalize your experience or for security purposes. Cookies are pieces of data from a web server to your web browser and saved on your hard drive. Cookies do not contain personally identifiable information, such as your name or contact information. You may adjust your browser settings with regards to the collection of internet cookies – for example, you may delete, block and/or refuse cookies, or you may elect to be notified before cookies are placed.

     

  • Log Files – Modern websites often collect user data in the form of log files. This is a modern way to log when and from where a user enters our website. This data may include information such as internet protocol (IP) addresses, browsers, date and time stamps, referral links through which you entered our website, demographic information, and the number of clicks a user makes on our site. This information is separate from Personal Information described above, and does not include information that is personal to you on an individual level. This information is used to track general traffic flow and usage of our website, in addition to other trends and statistics such as the number of visitors to a certain page on our website.

     

  • Transaction Information – When you download or purchase a product from our website, certain information may be collected, such as the date of the purchase and product details. This information is collected and used for internal purposes only, in order to enhance the general user experience. If you purchase one of our products, certain data is required to fulfill your request, such as credit card numbers/expirations/security codes, billing information and addresses, zip codes, and names, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us. 
  • Third-Party Information – From time to time, we may receive information from third-party programs or plugins, such as PayPal, Stripe, AccessAlly, Google, WordPress, or through social media platforms.

     

Information may be collected in one or more of the following ways:

  • Provided by you, the user – Our website may ask you to input Personal Information from time to time. For instance, we request your e-mail address and name to send you a protected piece of content or may ask for your e-mail address when you have a question relating to customer service or consultations.

     

  • Collected from internet browsers or devices – From time to time, data is collected and sent to us automatically by your web browser or device. Information collected in this category tends to include your IP address, links clicked, pages visited, and time stamps of visits. This information tends not to be personally identifiable.

     

  • Cookies, pixels, web beacons, widgets, and other modern technologies – This site uses cookies to collect information to monitor and aggregate web traffic to our site. This site may also use web beacons, pixels, and social media widgets to help us understand browsing activity and traffic patterns. This information helps us improve our website, Services, and the user’s online experience. For example, social media widgets may be placed on our website by third-party social media platforms to allow you to interact with our social media accounts. These modern technologies may also collect browsing data, although the collection and use of data amongst these third-parties is subject to their control and respective privacy policies. Please see Section 10 below for information as to how you can opt out or limit how we use cookies. 
 

Section 9. INFORMATION USED

By using our website, you hereby agree that any and all information collected in Section 8 hereto may be used for the following purposes:

  • To provide content, products, and other Services to you;
  • To process and fulfill any purchases or orders, which may include sending e-mails to you;
  • To communicate with you, such as via e-mail, including promotional e-mails, newsletters, and product attachments;
  • To provide customer service and manage individual accounts;
  • To provide a you with a personalized online experience;
  • To grant you access to certain content and services online;
  • To educate us on our user’s tendencies and preferences;
  • To fulfill a contract we have with you;
  • To optimize our website and our users’ experience;
  • To prevent, mitigate, and investigate security breaches;
  • To verify or authenticate information;
  • To respond to lawful requests from government authorities, if applicable;
  • To resolve disputes with users;
  • To prevent fraud or security issues;
  • To fulfill or enforce our agreements with third-parties;
  • To enforce our Terms of Use. 
  • To protect our legitimate business interests, which include but are not limited to: i) providing or administering Services to you and our users; ii) maintaining records; iii) analyzing data for business purposes and quality assurance; iv) communicating with you regarding the administration of Services and our obligations associated therewith; v) legal purposes, such as in dispute resolution, litigation, investigations, or regulatory purposes. 

The Personal Information collected and used may be shared with certain third-parties. Personal Information may be shared in the following ways:

  • Service providers – Personal Information may be shared with third-party programs, platforms, and providers in exchange for data, analytics, reports, or confidentiality agreements. Third-party providers include, but are not limited to, the following: website hosts, e-commerce platforms, payment providers and payment processors, website plugins, e-mail servicing programs, marketing consultants, and brand advisors. These third-party providers shall only collect, use, maintain and share your information to the extent that doing so furthers the services they provide to us. Any use beyond that scope shall be deemed an unauthorized use, of which you hereby agree to indemnify us.
  • Social sharing – Personal Information may be shared by you if you elect to post content on our website, social media pages, or accounts. Your Personal Information may also be disclosed when you elect to connect your social media accounts to your accounts on our website or e-commerce page, which is then subject to the privacy policy of the respective social media platform. 
  • Asset Sale or Transfer – Personal Information may also be shared in the event of a merger, acquisition, asset sale, or other transfer of our business and assets.
     
  • Legal and/or Regulatory Disclosures – Personal Information may also be shared if necessary to further a legal, regulatory, audit, or professional investigation.

     

  • The Personal Information that is collected will be stored in a commercially reasonable manner for as long as is necessary to protect our legitimate business interests, and to comply with applicable law. We reserve the right to collect and store your Personal Information to the extent that it is not prohibited by law.

We do not sell or license your Personal Information to third-parties for their own marketing or commercial purposes without your consent. 

 

Section 10. CHOICE AND OPT-OUT

  • Cookies & Behavioral Based Advertising – We may work with third-parties, such as Google and Facebook, for marketing, advertising and other legitimate business purposes. For information as to how you can opt-out of some of these advertising services, be sure to change your internet browser’s settings to block cookies or ask permission before collecting cookies.

     

  • E-mail Marketing –  We may, from time to time, require your e-mail address and other Personal Information to use our Services. If you do not want us to contact you via e-mail for promotional purposes, account management, updates, or product information, then you can elect not to share your e-mail address with us (although it may nevertheless be necessary to utilize a certain Service). At any time, you may manage your e-mail subscription preferences by contacting us at [email protected] at the link on the bottom of each e-mail sent by us.
  • Google Analytics – In order to opt out of Google Analytics, you may visit: https://tools.google.com/dlpage/gaoptout.

     

  • European Union – Residents of the European Union may have the following rights with respect to the collection and use of their Personal Information: i) right to review, verify, correct, and request erasure of your Personal Information that we collect and store; ii) limit, restrict, or object to the use of your Personal Information under certain circumstances; iii) the right to request the transfer of your Personal Information to another party under certain circumstances. For more information regarding your rights to your Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

     

  • California – Residents of California who are users of our site may request certain information regarding the disclosure of their Personal Information to third-parties for marketing purposes. All requests of this nature should be specific and addressed via e-mail to [email protected]. Users may also utilize a preference on their internet browser called Do Not Track. However, we may not respond to Do Not Track settings. For more information about California Do Not Track and your rights as a California resident with respect to your Personal Information, please visit: www.allaboutdnt.org.
 

Section 11. GOVERNING LAW & VENUE

The Fix Your Period Portal, The Fix Your Period Collective and Nicole Jardim Coaching, LLC is located in the United States and is subject to the applicable laws governing the State of New York. The governing law for this agreement is the law of the State of New York.

 

Section 12. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY

  • Stock Photography –  This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.

     

  • Intellectual Property – This website, content and products contain intellectual property owned by us. and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent. 

 

Section 13. MISCELLANEOUS

  • Amendments – We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will take reasonable efforts to notify you of any changes that are made.

     

  • Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

     

  • Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

     

  • All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us. 

 

Section 14. SPECIFIC PRODUCT TERMS OF USE

See TAB 1: Terms & Conditions

 

Section 15. GENERAL TERMS OF USE

  • Refund Policy – Due to the nature of the products and Services provided, and the electronic transmission of same, you hereby agree and acknowledge that all sales are final. You agree and acknowledge that your purchase of any product or Service is non-refundable, under any circumstances.

     

  • Limited License – You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use. 

 

Section 16. UPDATES

[RESERVED] 

 

Section 17. CONTACT

You may contact us at any time with questions or concerns regarding our Terms of Use and Privacy Policy. To do so, please e-mail us at [email protected].

PLEASE READ THIS MEDICAL DISCLAIMER CAREFULLY BEFORE USING OUR SITE OR SERVICES. 

EFFECTIVE DATE: JANUARY 2024

 

This Website and all Programs offered by Nicole Jardim are for informational purposes only.

Information on this web site is provided for informational purposes only. The information is a result of years of practice experience and research by the author. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. Do not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing medication or other treatment.

Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a healthcare provider-patient relationship between you and any of the healthcare providers affiliated with our web site.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

PLEASE READ THIS AFFILIATE DISCLOSURE CAREFULLY BEFORE USING OUR SITE OR SERVICES. 

EFFECTIVE DATE: JANUARY 2024

 

In compliance with FTC guidelines, it is important to understand that some of the links, blog posts and photos on this website are affiliate links of which Nicole Jardim Coaching, LLC receives a small commission from sales of certain items, but there is no additional cost to you (the price is the same for you).

Nicole Jardim is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. Pages on this site may include affiliate links to Amazon and its affiliate sites on which the owner of this website will make a referral commission.

PLEASE READ OUR COMMUNITY GUIDELINES CAREFULLY BEFORE PARTICIPATING IN THE PERIOD POSSE COMMUNITY 

EFFECTIVE DATE: JANUARY 2024

 

By joining and participating in The Fix Your Period Collective’s Community, you agree to abide by the following Community Guidelines and Code of Conduct.

These Community Guidelines and Code of Conduct are in addition to, and does not in any way nullify or invalidate, any other Terms of Service, or Terms and Conditions related to your Fix Your Period Collective membership.

The definitions of various subjective terms such as “discriminatory” or “inappropriate” will be decided at the sole discretion of The Fix Your Period Collective administrators.

The purpose of The Fix Your Period Collective’s Community is to allow The Fix Your Period Collective Team and Members to connect and discuss their experience in The Fix Your Period Collective. The information shared in The Fix Your Period Collective Community should not be considered medical advise. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. Do not use the information on this web site or in the Community for diagnosing or treating a health problem or disease, or prescribing medication or other treatment.

 

The Fix Your Period Collective, The Fix Your Period Collective emails, and the The Fix Your Period Collective Community are provided for the sole purpose of enabling you to conduct research. Other uses of FixYourPeriod.com, The Fix Your Period Collective emails, or the The Fix Your Period Collective Community are strictly prohibited.

 

The following are The Fix Your Period Collective Community Guidelines that all Fix Your Period Collective Community members must adhere to:

The Fix Your Period Collective has the right to ban any member, at any time, at our own discretion. We will also ban members swiftly if found in violation of community standards.

 

OUTSIDE INVITATION

The Fix Your Period Collective Community is meant for paying Fix Your Period Collective members only. Members will not invite non-subscribers into the Community or share any information or posts from within the Fix Your Period Collective with non-members. This is including but not limited to, direct invitations, publicly share screenshots, and/or shared login credentials. Inviting or sharing with non-members is grounds for removal.

 

PRIVATE INFORMATION

Any information you share about yourself within The Fix Your Period Collective Community is of your own choice. Please use an alias and avatar/default image settings if you wish to remain anonymous to other Community members. Do not post or link to any private information (your own or others’) including credit card numbers, passwords, product/API keys or any sensitive personally identifiable information. Please do not post anything that may be considered the intellectual property of someone else or another company. The Fix Your Period Collective Community is not responsible for any information you choose to share within the channel. Sharing other members personal information is not acceptable and is grounds for removal.

 

HARASSMENT, POLITICAL, RACIAL OR RELIGIOUS COMMENTARY

The Fix Your Period Collective Community will not tolerate harassment of any kind and anyone using language we deem inappropriate may be removed and banned from the Community. This is not the place to discuss politics, race, or religion. Any members using racial or religious slurs, pushing political agendas or using discriminatory language will be removed and banned from future forum opportunities. If you have come in contact with inappropriate political, racial or religious discussions, please let us know as soon as possible by emailing [email protected].

 

APPROPRIATE LANGUAGE/IMAGERY

Inappropriate language and/or imagery will not be tolerated. Personal attacks, profane language, threats, or sexually explicitly language and/or imagery in your communication within the Discord will result in the removal and banishment from future forum opportunities. If you have come in contact with inappropriate language/imagery, please let us know as soon as possible by emailing [email protected]. 

SOLICITATION

Affiliate/referral links, trading services, market education, Patreons, mailing lists or memberships are not accepted in The Fix Your Period Collective Community.

 

If you have any questions about the Fix Your Period Collective Community Guidelines and Code of Conduct, please email us at [email protected] before registering for a Menstruation Maven or Period Queen membership.

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