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Terms and Conditions 

Terms of Service:

The following terms and conditions govern all use of the julieciardi.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Julie Ciardi, LLC. (“Julie Ciardi”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Julie Ciardi’s Privacy Policy) and procedures that may be published from time to time on this Site by Julie Ciardi (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Julie Ciardi, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

 

1. Payment and Renewal.

    • General Terms.
      By selecting a product or service, you agree to pay Julie Ciardi the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal.
      Unless you notify Julie Ciardi before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Julie Ciardi in writing.

2. Services.

    • Copyright Infringement and DMCA Policy. As Primal Potential asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by primalpotential.com violates your copyright, you are encouraged to notify Primal Potential in accordance with Primal Potential’s Digital Millennium Copyright Act (“DMCA”) Policy. Primal Potential will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Primal Potential will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Primal Potential or others. In the case of such termination, Primal Potential will have no obligation to provide a refund of any amounts previously paid to Primal Potential.

3. Fees; Payment. By signing up for a Services account you agree to pay Julie Ciardi the applicable fees and recurring fees. Julie Ciardi reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Julie Ciardi.

 

4.  Copyright Infringement and DMCA Policy. As Julie Ciardi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Julie Ciardi will terminate a visitor’s access to and use of the service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Julie Ciardi or others. In the case of such termination, Julie Ciardi will have no obligation to provide a refund of any amounts previously paid to Julie Ciardi.

 

5. Intellectual Property. This Agreement does not transfer from Julie Ciardi to you any Julie Ciardi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Julie Ciardi. Julie Ciardi, julieciardi.com, the julieciardi.com logo, and all other trademarks, service marks, graphics and logos used in connection with julieciardi.com, or the Website are trademarks or registered trademarks of Julie Ciardi. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Julie Ciardi or third-party trademarks.

 

Changes. Julie Ciardi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Julie Ciardi may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

7. Termination. Julie Ciardi may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your primalpotential.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Julie Ciardi if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Julie Ciardi's notice to you thereof; provided that, Julie Ciardi can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Indemnification. You agree to indemnify and hold harmless Julie Ciardi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and services, including but not limited to your violation of this Agreement.

9. Miscellaneous. This Agreement constitutes the entire agreement between Julie Ciardi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Julie Ciardi, or by the posting by Julie Ciardi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Poughkeepsie, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Poughkeepsie, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Julie Ciardi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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