Terms & Conditions

Last revised March 18, 2022

Thank you for visiting our website, FromStressedToCalm.com, or one of its subdomains. Other websites under our umbrella include EFTTappingSource.com and TerryMaluk.com and their subdomains. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “website”.

The following Terms and Conditions from From Stressed To Calm (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above websites and apply to your access and use of them

By accessing or using this website, purchasing any products or services from Us, or using any of the products or services from Us, you are acknowledging and accepting, and agree to be bound by, the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification by Us at any time and at our discretion without notice. Except as specified elsewhere herein, your continued use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use the website. If you do not agree with the Terms and Conditions, please do not use or access the website.

The information contained on this website, blog, videos, audios, articles, and other material that is published by COMPANY here or elsewhere is educational and inspirational in nature and is provided only as general information. Terry Maluk is not a licensed health care professional.

Emotional Freedom Techniques (EFT) is considered an experimental self-help tool and the information on this site is of a general nature. The information herein is not a substitute for counseling or advice of a medical nature. You are strongly encouraged to discuss your use of EFT with your therapist and/or physician.

Accessing, downloading, listening to, or viewing the information on this site does not constitute a professional relationship with COMPANY. COMPANY, its employees, or representatives do not guarantee the validity or usefulness of any of the materials on outside links. EFT consultations do not represent diagnosing, treating, or preventing any medical or psychological condition.

Readers and users of the information contained on this website and related materials including but not limited to any advertising, testimonials, practitioner information, or other materials (“The Information” herein, jointly, collectively, and individually and the term “The Information” shall include but shall not be limited to any products mentioned) are strongly cautioned and advised to consult with a physician, psychologist, psychiatrist or other licensed health-care professional before utilizing any of The Information. The Information is based on information from sources believed to be accurate and reliable and every reasonable effort has been made to make The Information as complete and accurate as possible but such completeness and accuracy cannot be guaranteed and is not guaranteed.

Privacy

Your use of this website is subject to COMPANY Privacy Policy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

Electronic Communications

Visiting this website or sending emails to From Stressed to Calm or Terry Maluk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Intellectual Property

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

Ability to Accept Terms and Conditions / Limitations On Use

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.

Order and Return Policies

  1. Order Fulfillment. For any digital products, you will receive an email with either a direct link to the download page or login details to our membership site.
  2. Refund Policies. We offer a 14-day money back guarantee on most of our products. If you are not completely satisfied, you can alert us within 14 days of the date on which your program begins; however, if the program you purchased states a different refund policy, that product-specific refund policy shall apply. For live events, we also offer a 14-day money back guarantee. Upon requesting a refund for a program or live event within the applicable time period, we will rescind access to the product or cancel your event registration and give you a full refund.
  3. Payment Plans. For some of our programs, we may offer payment plan options from time to time. You are responsible for keeping a current credit card on file with us until your payment obligations have been met. Also, if your card on file ever declines and you therefore become behind on any installment payments to us, you agree that upon providing us with a new credit card, we have permission to charge your updated card for all past due payments.

Product Delivery / Membership Site / Conduct

  1. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
  2. For products that you purchase from us that are delivered through a membership site, you will be given a username and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.
  3. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this website are at your own risk.
  4. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
  5. We reserve the right to discontinue or modify without notice or liability, any portion of this website. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered.  If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
  6. You affirm, represent, and warrant that your participation on this website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
  7. You understand and agree to not place an unreasonable burden on the server hosting this website or membership site, to not interfere with the running of this website and to not attempt unauthorized access to any portion of this website.
  8. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
  9. Please do not send any confidential or proprietary information to COMPANY unless specifically requested by COMPANY. Any such unsolicited information or material sent to COMPANY by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
  10. You hereby warrant that any information you submit to COMPANY through this website is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.

Online Event Disclaimer

You acknowledge that our online events may be photographed, videotaped, livestreamed, and/or otherwise recorded by Us. By participating in a respective online event sponsored by Us, you hereby grant Us the right to use any photograph, video, and/or audio captured at that event for marketing or for any purpose We deem appropriate. You understand that if you don’t want to be recorded or photographed, you must avoid appearing on camera or speaking.

You also agree not to post, on social media or otherwise, any screenshots of the respective online event that contain any personally identifying information of other participants.

By participating in our online event, you hereby agree to release, defend, hold harmless and indemnify us from any and all claims involving the use of your picture, likeness, or voice that we captured in the event recordings.

Third Party References / Hyperlinks

This website may link you to other sites on the Internet that are not operated by the Company (“Third-Party Sites”). COMPANY may also use Third-Party Sites to set up groups (such as Thinkific Community, Facebook, or LinkedIn), but is not obligated to do so.

These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of COMPANY. COMPANY assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.

Contacting Us

If you need to contact us, you can email us at support@fromstressedtocalm.com.

No Personal Advice

The information contained in or made available through this Website (including but not limited to information contained on message boards, in text files, in products, from services, in webinars or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this website (including but not limited to any product or service purchased, utilized or otherwise obtained from this website). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

International Users

The Service is controlled, operated and administered by COMPANY from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the COMPANY Content accessed through website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

Upon request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the Terms and Conditions stated herein.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to this website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law

To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of South Carolina.

Attorneys’ Fees

In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).

Changes to Terms

COMPANY reserves the right, in its sole discretion, to change the Terms under which WEBSITE is offered. The most current version of the Terms will supersede all previous versions. COMPANY encourages you to periodically review the Terms to stay informed of our updates.

Last Revised: March 18, 2022

 

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