TERMS OF USE AGREEMENT, PRIVACY POLICY, DISCLAIMERS, AND WORKSHOP SERVICES AGREEMENT
Honey Rose Haven, LLC Website Terms of Use
Last modified: OCTOBER 10, 2023
This Terms of Use agreement (the “Agreement” or “Terms of Use”) is made by and between Honey Rose Haven, LLC, a Utah limited liability company (“Honey Rose Haven” “Company” “us” or “we”) and you the user of Honey Rose Haven’s services and products (“you,” “your” or “User”). This Agreement specifies the Terms and Conditions for access to and use of the Honey Rose Haven’s website located at: https://www.honeyrosehaven.org/ and the Honey Rose Haven’s other social sites not limited to Facebook, Pinterest, Instagram, LinkedIn, Twitter, YouTube, and others (the “Site” or “Website” or “Platform”). This Agreement describe the terms and conditions applicable to your access of and use of the Site. Access to the Site is an acknowledgement that you have read and understand this Agreement and will abide by the terms and conditions set forth in this Terms of Use, as amended from time to time.
Changes to Website Terms of Use. This Agreement may be modified at any time by us upon posting of the modified Agreement. Any such modifications will be effective immediately. You can view the most recent version of these terms at any time at honeyrosehaven.org Each use by you will constitute and be deemed your unconditional acceptance of this Agreement.
Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
● Making all arrangements necessary for you to have access to the Website.
● Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, https://www.honeyrosehaven.org/terms-of-use-agreement-and-privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Ownership. You acknowledge and agree that the products and services provided by this website (“Service”) and any necessary software used in connection with any Service ("Software") contain proprietary and confidential information that is the property of Honey Rose Haven and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
Trademarks. You acknowledge Honey Rose Haven’s exclusive rights in the Honey Rose Haven’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Honey Rose Haven. We retain all rights with respect to any of the respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
Indemnification. You agree to indemnify and hold Honey Rose Haven, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
Disclaimer. The use of this Site is at your sole risk. The Website and any information or service provided through the Site is provided on an "as is" and "as available" basis. User understands and agrees that the Company’s services are NOT being provided to you under a professional capacity such as a licensed therapist, medical provider, nutritionist, attorney or any other type of licensed professional (“Professionals”). Our services do NOT create a therapeutic or medical relationship of any kind. The services provided are different from therapeutic counseling because the focus is to support personal and relational development, the focus is NOT to treat a psychological or medical disorder. The services are not intended to diagnose or treat mental illness or replace counseling services by a qualified Professional. You agree that we may determine that the services are not appropriate for you and may refer you, to a Professional for such services.
Honey Rose Haven EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through Honey Rose Haven will create a warranty not expressly stated in these Terms of Use.
Limitation of Liability. Honey Rose Haven, ITS SUBSIDIARIES, EDUCATORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HONEY ROSE HAVEN AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF THREE TIMES THE AMOUNT OF FEES PAID TO US FOR THE USE OF THE WEBSITE OR ANY PRODUCT AND/OR SERVICE IT PROVIDES.
Fees. If you purchase any items from the Website, then you will be charged according to the items purchased, in addition to sales tax and shipping costs, if applicable.
Methods of Payment. User authorizes Honey Rose Haven to charge your credit card, ACH or other method of payment that you input when requested during check out.
Payment of Fees. The Fees charged are fully earned by the Company at the time of payment and the funds that you pay belong to the Company. Company has a “No Refund Policy” which means that if you miss an appointment for scheduled Services, then you will NOT receive a refund for any Fees paid for in advance. You acknowledge that the origination of credit card transactions to the credit card account must comply with the provisions of U.S. law. User certifies that he or she is an authorized user of the credit card or bank account used to pay the Fees and will not dispute these payment transactions with User’s bank or credit card company; so long as the transactions correspond to what you order. You understand that any scheduled Service may be cancelled if payment is not processed in advance.
a. To submit payment, you are required to provide “Payment Information” such as credit card information or if using PayPal or Venmo (“Third-party Payment Vendors”) then additional information is required, such as an email address, name and mailing address. You understand and agree that the Payment Information is collected and processed by the Third-party Payment Vendors pursuant to the terms and conditions of their privacy policies and terms of use.
Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You understand that your access may be suspended or terminated if we determine you have inappropriately used the Website. You agree not to use the Website:
● In any way that violates any applicable federal, state, local or international law or regulation;
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
● For the purpose of making any false, negative, critical or disparaging statements about Honey Rose Haven or any third party affiliated with us;
● To send, knowingly receive, upload, download, use or re-use any material which does not comply with the terms of this Agreement;
● To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
● To impersonate or attempt to impersonate Honey Rose Haven, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
● Use any robot, spider or other automatic device (unless you create a script to download your personal transactions), process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
● Use any device, software or routine that interferes with the proper working of the Website;
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
● Otherwise attempt to interfere with the proper working of the Website.
Non-Disparagement. If you have a complaint, Honey Rose Haven welcomes feedback and complaints. Please email us with your concerns at honeyrosehaven@gmail.com. You agree that slander and misrepresentation is never okay, and you will use reasonable and good faith efforts to refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning us on the Website and specifically on any of our social media platforms.
Governing Law; Venue; Actions. If there is any dispute about or involving the Website or this Agreement, you agree that any dispute is governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Utah, located in the state of Utah.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
International Use. Although the Site may be accessible worldwide, Honey Rose Haven makes no representation that materials and/or Software on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Site and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.
Severability. If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Honey Rose Haven to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by Honey Rose Haven must be in writing and signed by an authorized representative of Honey Rose Haven.
Modification and Termination of the Website. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Entire Agreement. This Agreement constitutes the entire agreement between you and Honey Rose Haven and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site and/or products or services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. We may revise the Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. In an effort to protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of its Sites
1. Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Site infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Site to Users who are repeat offenders.
Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:
A physical or electronic signature of the User;
The location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or
disabled; andThe User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located,
or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.
Designated Agent and Contact for any questions:
Em at honeyrosehaven@gmail.com
Honey Rose Haven, LLC Website Privacy Policy
Last modified: May 3, 2022
Introduction. Honey Rose Haven, LLC, a Utah limited liability company (“Honey Rose Haven” “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website: https://www.honeyrosehaven.org/ (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. PLEASE BE ASSURED THAT ALL VERBAL INFORMATION EXCHANGED WITH YOUR EDUCATOR IS CONFIDENTIAL. This policy applies to information we collect online:
● On this Website.
● In email and other electronic messages between you and this Website.
● When you interact with us directly or on third-party websites and services (like Calendly, Paypal, Venmo and Dochub), if those applications include links to this policy.
It does not apply to information collected by:
● us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
● any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 18. Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features on the Website, make any purchases through the Website or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: honeyrosehaven@gmail.com.
Information We Collect About You and How We Collect It. We collect several types of information from and about users of our Website, including information:
● by which you may be personally identified, such as name, email address, credit card number (”Personal Information”);
● that is about you but individually does not identify you and/or
● about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
● Directly from you when you provide it to us.
● Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
Information You Provide to Us. The information we collect on or through our Website may include:
● Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our service. We may also ask you for information when you report a problem with our Website.
● Records and copies of your correspondence (including email addresses), if you contact us.
● Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
We do not allow information to be published or posted directly on the Website or transmitted to other users of the Website or third parties.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
● Details of your visits to our Website, including any other communication data and the resources that you access and use on the Website.
● Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
● Estimate our audience size and usage patterns.
● Store information about your preferences, allowing us to customize our Website according to your individual interests.
● Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
● Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you will not be able to use our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:
● To present our Website and its contents to you.
● To provide you with information, products, or services that you request from us.
● To fulfill any other purpose for which you provide it.
● To provide you with notices about your subscription, including expiration and renewal notices.
● To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
● To notify you about changes to our Website or any products or services we offer or provide though it.
● Bank account or credit card transaction data: You may choose to purchase products or services from our Website. For such purchases we use a third-party application (Paypal and Venmo) and our servers do not store or collect any of your bank account or credit card information.
We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third-party services from our Website. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product.
Disclosure of Your Information. We will not disclose aggregated information about our users from the personal information that we collect, or you provide as described in this privacy policy to any third party. We may disclose your personal information:
● To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
● To enforce or apply our terms of use https://www.honeyrosehaven.org/terms-of-use-agreement-and-privacy-policy and other agreements, including for billing and collection purposes.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Honey Rose Haven, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
● We use various third parties to operate the Website, including, for example, our providers of professional, consulting, marketing, communications and business development services. We may disclose personally identifiable information or we may assemble collective, non-individually identifiable profiles of the Website users and their activities and interests to such entities as needed for them to perform their specific tasks under our instructions, subject to these Website Terms.
Choice. To opt-out of receiving email communications from us or, to be removed entirely as a registered user of our Website, notify us at honeyrosehaven@gmail.com.
How You Can Access or Correct Your Information. If you have created a user account on our Website, we will provide you with access to your information upon your request so you may view, update or correct it. To protect your privacy and security, we may also employ measures to verify your identity before granting you access or enabling you to make corrections.
External Links. The Website contain links to third party websites. If you use these links, you will leave the Website. We have not reviewed these third-party sites and do not control and are not responsible for any of these sites, their content or their privacy policy. Thus, we do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites listed on our Website, you do so at your own risk.
Use of Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: honeyrosehave@gmail.com.
Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we employ physical, technical and administrative procedures to safeguard the personal information we collect online. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, we cannot ensure or warrant the security to any information you transmit to the Website or to us, and you transmit such information at your own risk.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login token or link for access to certain parts of our Website, you are responsible for keeping this login token or link confidential. We ask you not to share your login tokens or links with anyone. We urge you to be careful about giving out information in public areas of the internet like message boards.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Application of United States Laws. Our Website is based on computers located in the United States. Your personally identifiable information will be used and stored in the United States, where data protection and privacy regulations may differ from the level of protection as in other parts of the world.
Changes to Our Privacy Policy. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at: honeyrosehaven@gmail.com.
Honey Rose Haven, LLC Workshop Services Agreement
This Workshop Services Agreement (“Agreement”) is made by and between Honey Rose Haven, LLC, a Utah business. (“Company,” “we” or “our”) and you ("Client" or “you,” “your”) and is effective on the date of purchase (“Effective Date”). The Company and the Client may be referred to individually as a “party” or collectively as the “parties.”
STATEMENT OF PURPOSE
Company provides mindfulness, sex and relationship education to individuals, couples and families through workshop events (“Workshop(s)”). Em Thev, Company Owner, educator, advisor, mentor and facilitator (“Educator”) has developed an integrated approach to help clients overcome sexual shame and have more fulfilling relationships and holds the following certifications in (i) Certified Sexuality Educator from the American Association of Sexuality Educators, Counselors and Therapists ("AASECT"), (ii) “Advancing Clinical Education in Sexuality," (iii) “Mindfulness Master Practitioner”. Company offers similar Services to individuals other than the Client and holds itself out to the public to be a separate business entity. The Client desires to contract for the services of the Company and the Company is willing to provide such services for the Client under the terms and conditions set forth in this Agreement.
The parties, intending to be legally bound, agree as follows:
Statement of Purpose. The above “Statement of Purpose” is made a part of this Agreement.
Scope of Services. The Workshops are presented by Em, the Educator and other specialists and professionals invited to teach (“Teachers”). Workshops may be offered in person or by using an online platform. Workshops are a group event where other people will be in attendance and each workshop may include meditation and yoga in addition to education (“Scope of Services”). The Company will inform the Client ahead of time on whether the Workshops will be conducted in person at a specific location or online. You will register for a particular Workshop by using Company’s online scheduling software called, “Calendly” and pay the “Fees” as specified below.
Fees. The price of attendance for each Workshop is Sixty-Five Dollars ($65) to One Hundred and Fifteen Dollars ($115) (“Fees”). The Fees charged are fully earned by the Company at the time of payment and the funds that you pay belong to the Company. All Fees are due before the Workshop is scheduled to begin.
No Refunds. The Company has a “No Refund Policy” which means that if you miss or fail to cancel within 24 hours of the scheduled Workshop, then you will NOT receive a refund for any Fees paid for in advance.
Collection Costs. You agree to be bound by the Uniform Consumer Credit Code for the State of Utah. If the Client's account is referred to collection, you agree to pay any collection costs incurred including reasonable attorney’s fees, filing fees and court fees. There will be a $30 fee assessed on all returned checks and/or charged back credit card invoices. Fees that are thirty (30) days past due may be subject to a late fee of up to 1.5%.
Payment for Workshops. Client authorizes the payment of Fees as set forth above in Section 3 and will pay such fees using the Company’s PayPal or Venmo payment processing accounts or Company accepts cash or check. Client acknowledges that the origination of credit card transactions to the credit card account must comply with the provisions of U.S. law. Client certifies that he or she is an authorized user of the credit card or bank account used to pay the Fees and will not dispute these payment transactions with Client’s bank or credit card company; so long as the transactions correspond to the terms indicated in this Agreement. Client understands that he or she may not attend a scheduled Workshop if payment is not processed in advance.
To submit payment, Client is required to provide “Payment Information” such as Client’s credit card information or if using PayPal or Venmo (“Third-party Payment Vendors”) then additional information is required, such as Client’s email address, name and mailing address. Client understands and agrees that his or her Payment Information is collected and processed by the Third-party Payment Vendors pursuant to the terms and conditions of their privacy policies and terms of use.
Disclaimer. Client understands and agrees that the Company’s Workshops are NOT being provided to Client under a professional capacity such as a licensed therapist, medical provider, nutritionist, attorney or any other type of licensed professional (“Professionals”). The Scope of Services do NOT create a therapeutic or medical relationship of any kind. The Scope of Services provided are different from therapeutic counseling because the focus is to support personal and relational development, the focus is NOT to treat a psychological or medical disorder. The Scope of Services are not intended to diagnose or treat mental illness or replace counseling services by a qualified Professional. Client agrees that the Educator may determine that the Scope of Services are not appropriate for the Client and may connect the Client to a Professional for such services.
Workshop Participation Consent. You have chosen to participate in workshops that involve a sensitive topic about sex and relationships. You understand that while participation is designed to be helpful, it may sometimes be difficult and uncomfortable. The benefits include better relationships, increased relaxation, and an enhanced sense of well-being. Client understands that there are no guarantees as to what the Client will experience.
Client acknowledges and agrees to the following:
You agree to participate in the Workshops you sign up to do, which may include movement, yoga, breath work, and meditation;
You understand that the Educator and the Teachers may make suggestions for self-care as well as connect you to other Professionals;
You have the capacity to tolerate direct input without it compromising your general functioning;
You understand that the Educator and the Teachers will engage in appropriate and direct conversations regarding sex and sexual relationships.
You assume responsibility for all aspects of your participation, and related activities, including, but not limited to your conduct and welfare.
You understand that other Clients attend the workshops and that neither the Company or the Educator will be responsible for any comments made by Clients that may trigger uncomfortable or other such emotions that you may feel.
Privacy. You authorize Company to use your personal information such as email address, telephone number (“Personal Information”) and Payment Information (collectively “Information”) to:
provide and improve our Services;
solicit your feedback; and
inform you about our Services.
The Company engages third-party companies and individuals to perform functions on our behalf. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Client understands that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email.
Online Participation. The Company uses an online platform for some of the Workshops that Client may choose to participate in (“Online Platform”). Client understands and consents to the Online Platform’s privacy policies and terms of use. The Company also has a “Website” and social media sites like Facebook, LinkedIn, Twitter, Instagram, etc. (“Social Media Sites”). Client’s use of the Website or Social Media Sites requires Client to consent to the Company’s website terms and conditions, privacy policy and disclaimer which can be reviewed here: https://www.honeyrosehaven.org/terms-of-use-agreement-and-privacy-policy
Client Responsibilities. The Client acknowledges that the Company’s ability to provide the Services is dependent upon the full and timely cooperation of the Client with the following:
The Client is responsible to:
Arrive on time to appointments;
Take notes;
Ask questions if there’s any confusion about the information provided; and
Understand that Services end on time and will not go over time.
Due to the sensitive topic of sex and relationships involved with the Scope of Services, Client is required to only share information about sexual relationships that are relevant to the Scope of Services. Client is prohibited from contacting the Educator or the Teachers outside of the Workshops to share information about anything related to sex or his or her sexual relationships (“Prohibited Contact”). Any such Prohibited Contact may require the Company to report the Client to the police for harassment.
Term and Termination. The term of this Agreement commences on the Effective Date and continues for two (2) years or until terminated earlier as provided under this Section 10 (the “Term”):
This Agreement may be terminated by the Client for any or no reason, by giving the other party thirty (30) days-notice of such termination.
Company may immediately terminate this Agreement for any reason.
Electronic Communications. When you use the Company’s website, Calendly, send e-mails to the Company, or use a mobile phone to call or text the Company you are communicating with us electronically. Client consents to receive communications from the Company electronically. Company will communicate with you by e-mail or by telephone. Client agrees that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.
No Guarantees. You acknowledge that the Company, Educator or Teachers have made no promises or representations to you, nor have they given you any assurances as to the favorable or successful outcome of Client’s participation with the Scope of Services. All of our opinions relative to the Services are limited only to opinions based upon our experience and judgment. Client acknowledges that such expressions should not be considered as representations, promises, or any guarantee of results.
Assumption of Risk. Client assumes the risk and waives all liability arising out of or connected with Client’s participation in the Scope of Services including any injuries resulting from such participation.
Indemnification. Client agrees to indemnify, defend, protect and hold Company, Educator, Teachers, Company’s owners, members, managers, directors, officers, employees, agents, successors and assigns, free and harmless from and against all claims, losses, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses in connection therewith (including attorneys’ fees) arising out of or in any manner related to the Scope of Services provided by Company or with the use of the Company’s website or use of the Online Platform, any electronic devices used to contact the Company or with this Agreement and other incorporated documents, including, without limitation,(a) claims for injury to or death of persons and for damage to property. Client agrees to give Company prompt notice of any such claim or liability. This provision survives the termination of this Agreement.
Limitation of Liability. Company specifically disclaims any representations or warranties, express or implied, including without limitation, there are no guarantees on the Scope of Services Company provides as set forth above in Section 13. The entire risk as to the outcome of Scope of Services is with the Client. IN NO EVENT WILL THE COMPANY, EDUCATORS, TEACHERS, AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE ONLINE PLATFORM, ANY ELECTRONIC DEVICES TO CONTACT COMPANY, OR FOR ANY SERVICES PROVIDED BY THE COMPANY OR EDUCATOR OR TEACHERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, SUICIDE, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. Client represents and warrants that he or she has considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and Client voluntarily assumes that risk. Client agrees that this Release of Liability will bind the members of Client’s family, spouse, any third party involved in a relationship with Client, if Client is alive, and Client’s heirs, assigns, and personal representatives if Client is deceased. Company’s aggregate liability for claims relating to this Agreement will be limited to an amount equal to three (3) times the sum of the fees paid by Client to Company under this Agreement. Any claim made pursuant to this section must be made within one (1) year of the incident to which it relates or forever be barred.
Client executes this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding themselves, their spouses, any other individual involved with Client and children, if any, and their heirs, legal representatives, and assigns. Client expressly agrees that this Release of Liability is intended to be as broad and inclusive as permitted by law. Client has carefully read this Release of Liability section and fully understands its contents.
Intellectual Property Ownership. Client acknowledges and agrees that the Scope of Services provided by the Company contain proprietary and confidential information that is the property of the Company and is protected by applicable intellectual property and other laws. Client further acknowledges and agrees that content contained in advertisements or information presented to you through any of Company’s Workshops or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.
Advertising. Company is authorized to use photographs or video footage taken or contracted by Company, from the Workshops, in any advertising, marketing, or for other business practices. Company will have no obligation or liability related to the use of the photographs or video footage to the Client. Client grants Company the right to a worldwide, non-exclusive, royalty-free, fully paid up license to reproduce, display, exhibit, publish, broadcast, distribute, and otherwise use, and permit others to use, Client’s image, likeness, name, photograph, and any and all attributes of Client’s appearance, testimonial, voice (collectively, Client’s “Identity”) in materials created in connection with the Company’s online or print marketing materials (collectively, the “Materials”), alone or with other materials, in any and all manner and media now known or hereafter devised, including without limitation on websites owned by or affiliated with the Company, on third-party websites, in social media channels, and in public relations materials. No payment or other consideration is expected or required by Company. No further approval is required for the Company to use any Materials or Client’s Identity and that the Company will not be liable for any distortion or illusionary effect resulting from the exhibition, publication or broadcast of the Materials or Client’s Identity. Client acknowledges that all right, title, and interest in and to the Materials, including without limitation all copyrights and trademark rights, will be the sole and exclusive property of the Company and that the Company has the unlimited right throughout the universe to edit, modify, and otherwise use such Materials. *Live workshops will be recorded.
Non-Disparagement. The parties agree that during the Term of this Agreement and following the Termination of this Agreement, they will use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other. The parties will refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other. This includes disparagement on Social Media.
Confidentiality. The parties may gain access to confidential and proprietary information about the other party. Client and Company will not divulge such information that is reasonable to believe is confidential or is designated by either party as sensitive or confidential, without the express written consent of the Company or Client. Confidential Information does not include information that is: (1) publicly known a the time of disclosure or subsequently becomes publicly known through no fault of the Receiving party; (2) discovered or created by the Receiving party before disclosure by Disclosing party; (3) learned by the Receiving party through legitimate means other than from the Disclosing party or it’s representatives; or (4) is disclosed by Receiving party with Disclosing party’s prior written approval.
Assignment of Contract. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the prior written consent of the other.
Uncontrollable Events. Non-performance by either party, other than an obligation to pay money, will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, acts of God, extreme weather, illness, car accident or any other reason to the extent that the failure to perform is beyond the reasonable control of the non-performing party. The non-performing party will give prompt notice to the other party of such delay and will use its best efforts to complete the performance, within a reasonable time frame of such an act which has been delayed.
Jury Trial Waiver. The parties irrevocably and knowingly waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of this Agreement. The parties agree that any such action or proceeding will be tried before a court and not a jury. In the event the parties’ waiver of a trial by jury is deemed invalid, the parties agree that any action or claim arising out of any dispute in connection with this Agreement, any rights, remedies, obligations, or duties hereunder, or the performance or enforcement will be determined by judicial references.
Attorneys’ Fees. In the event litigation is instituted to enforce any provision of this Agreement, the prevailing party in such litigation is entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled.
Amendment. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. No oral statement to either party may alter the terms of this Agreement.
Severability. If any provision(s) of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
No Third-party Beneficiaries. This Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
No Waiver of Contractual Right. The failure of either party to enforce any provision of this Agreement will not be construed as a waiver or limitation of that party’s right subsequently to enforce and compel strict compliance with every provision of this Agreement.
Governing Law. The parties agree that this Agreement is governed by, and construed in accordance with, the laws of the state of Utah.
Consent to Personal Jurisdiction. The parties expressly consent to the personal jurisdiction of the state and federal courts located in the state of Utah for any lawsuit filed there by either party arising from or relating to this Agreement.
Notices. Any notice or other communication provided or given to a party will be in writing and be given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective party. Notices sent in accordance with this Section are deemed effective on the date of dispatch. Any changes in the information set forth in this Section are upon notice to the other party delivered in the manner set forth in this Section. Both parties agree to keep each other informed as to current mailing addresses, telephone numbers and email addresses.
Surviving Terms. The covenants, agreements, indemnification obligations, representations, and warranties of each of the parties will survive the Termination until the expiration of the applicable statute of limitations.
Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.
Electronic Signatures. This Agreement, agreements ancillary to this agreement, and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered by facsimile, email, or other, electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
Headings. Headings in this Agreement are for convenience of reference only and are not to be used in any interpretation of the agreement between the parties.
Entire Agreement. This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements and negotiations, whether oral or written. There are no other agreements between the parties, except as set forth in this Agreement. No supplement, modification, waiver, or termination of this Agreement is binding unless in writing and executed by the parties to this Agreement.
BY PARTICIPATING IN THE WORKSHOP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS UNDER THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.
The parties execute this Agreement as of the Effective Date.
COMPANY: Honey Rose Haven, LLC, a Utah business.