Terms & Conditions
When you use the online program provided by Irene Fehr, LLC, a Colorado limited liability company (“Irene Fehr”, “we”, or “us”), bearing these terms (collectively, the “Program”), you’re agreeing to the following Terms and Conditions:
This Program is designed to share with you information and powerful tools to help you understand your sexuality and sexual wellness. The Program utilizes lecturing, worksheets, video instruction, audio instruction, and other instructional techniques. You will have access to all Program materials, modules, and bonuses for the lifetime of this Program.
This Program is in no way to be construed as psychological counseling or any type of psychotherapy. In the event that you feel the need for professional counseling or therapy, it is your responsibility to seek the care of a licensed professional.
Topics around sexuality can be highly sensitive, touching deep beliefs and feelings that clients may not always have had access to. Your enrollment into this Program is completely voluntary. You release, indemnify, and hold harmless Irene Fehr from any harm done to you by taking this Program, as described in more detail below.
Irene Fehr and its employees do not treat medical conditions. The Program is not intended to be a substitute for professional medical advice, diagnosis, treatment, or therapy. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen, read, or heard in the Program.
Irene Fehr intends to provide you the highest service.
You agree and acknowledge that we neither guarantee nor insure any outcome from the Program. We cannot and will not promise that clients will take any specific action or attain specific goals or other outcomes. We can guarantee, however, that you will be exposed to useful information and receive tools for potentially life-changing results.
You are responsible for your own efforts, achievements, failures, and success. Your success depends on many factors, including your personal motivation, time commitment, setting boundaries, and how much you choose to implement of what is taught. You understand and agree that you are solely responsible for your results.
3. Proprietary Materials.
You have permission to access all of and download some of the materials associated with the Program for individual and non-business use only. This gives you permission to use the material, but it does not give you ownership over it. Under this permit you may not:
- modify or copy the materials;
- use the materials for any commercial use or for any public presentation (business or non-business);
- attempt to decompile or rebuild any product or materials;
- remove any copyright or other restrictive markings from the materials; or
- transfer the materials to someone else or even “mirror” the materials in other programs and on other websites.
Your participation in the Program will be terminated if you violate any of these requirements. The rights and restrictions regarding your use of proprietary material is more completely described below.
4. Anonymity and Privacy.
When you participate in the Program:
- Other participants will not see who you are.
- There will be an option to call in live and ask questions. If you choose to participate, you will not be obliged to disclose your name or other identifying information. You can call in anonymously and also submit questions anonymously.
- Irene Fehr and its employees will be able to identify you, but they will keep this information confidential.
- On financial transaction records, we will be listed as “Irene Fehr, LLC” with no reference to or mention of “sex” anywhere.
THE FINE PRINT
1.1 These Terms and Conditions, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms and Conditions”), are entered into by and between you and Irene Fehr, LLC. For the purposes of these Terms and Conditions, “you” includes you, the user or client, and any individual or entity that is visiting, viewing, using, or accessing the Program. Any subjects not explicitly dealt with herein are governed by Irene Fehr’s general Website Terms and Conditions of Use, available at https://www.irenefehr.com/terms-and-conditions (the “General Terms”), as amended from time to time, and those terms are hereby incorporated into these Terms and Conditions, provided that these Terms and Conditions shall control over the General Terms in the event of a conflict or inconsistency. By accessing the Program, you are consenting to be bound by the then-current form of these Terms and Conditions.
1.2 You acknowledge and agree that by using or accessing the Program or clicking “Agree,” “Purchase”, “Submit”, or similar links that you have read, understand, and agree to be bound by these Terms and Conditions.
1.3 IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE PROGRAM. IRENE FEHR’S ALLOWANCE OF YOUR USE AND ACCESS TO THE PROGRAM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS.
3. Program and Account Registration.
3.1 To purchase the Program (and therefore enter into a binding agreement with us), you must:
(a) add the course materials you wish to purchase to your shopping cart and then proceed to the checkout;
(b) if you are a new customer, you must then create an account with us and log in;
(c) if you are an existing customer, you must enter your login details;
(d) once you are logged in, you must consent to these Terms and Conditions;
(e) you will then be transferred to our payment service provider's website, and our payment service provider will handle your payment;
(f) we will then send you an initial acknowledgement;
(g) then, we will either send you an order confirmation (at which point your order will become a binding agreement) or we will confirm by email that we are unable to meet your order.
3.2 The account information and other details you are asked to provide helps us to create and maintain an account for you, which is necessary for providing you the Program; as such, it is a condition of your use of the Program that all account information you provide is correct, current, and complete.
3.3 With regard to your contact information, billing information, name, password, and any other piece of information you provide to us as part of your account creation (collectively, “Account Information”), you agree to treat such Account Information as confidential. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Program using your Account Information. You agree to notify us immediately at [email protected] of any unauthorized access to, or use of, your Account Information or any other breach of security you become aware of. You may not transfer your Account Information to any other person or entity, and you may not use anyone else’s Account Information or account at any time.
3.4 In cases where you have nevertheless authorized or registered another person to use your account, or where you have acted negligently in safeguarding your Account Information, you agree that you are fully responsible for:
(a) the acts and omissions of such person or entity accessing the Program with your Account Information;
(b) controlling the person or entity’s access to and use of the Program; and
(c) the consequences of any use or misuse of such person or entity.
3.5 We reserve the right to cancel your Program for violations of the foregoing section.
4.1 You must, during the checkout process, pay the price of the Program. Our prices are quoted on our website, which will change from time to time. Changes in price will not affect previously completed purchases.
4.2 When processing your payment, we may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties, or charges of any kind (other than taxes on Irene Fehr’s income), imposed by any federal, state, or local governmental entity on any amounts payable by you under these Terms and Conditions. We will remit taxes collected, if any, to the appropriate taxing authority.
5. Licensing of Content in Program.
5.1 We will supply the course materials that make up the Program to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website. You will be prompted to register for an account that will allow you to access the Program that is to be used only by you. You may not share your account.
5.2 Subject to your payment of the applicable price and compliance with these Terms and Conditions, Irene Fehr grants to you, and you alone, a worldwide, non-exclusive, non-transferable, revocable license to use the Program, in strict accordance with these Terms and Conditions for personal, noncommercial use only, provided that you must not in any circumstances make any use of the Program that is prohibited by Section 7.1.
5.3 The term of your license is for 1 year from the date the Program becomes available to you. At the expiration of your first term, your license will automatically renew for 1-month terms until Irene Fehr gives you notice that the license will not renew.
6. Proprietary Materials.
6.1 The Program contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Irene Fehr (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. The Proprietary Materials may only be accessed through the Program, and not by or from any other services or means. The license granted to you by these Terms and Conditions is a right of access only, and does not grant you any right to download, store, or print any Proprietary Materials in any medium other than certain portions of the Program that are downloadable. When certain portions of the Program are downloadable, those portions are permitted to be downloaded, stored, and/or viewed on not more than 3 computer devices (such as desktop, laptop, notebook, or tablet computers, e-book readers, or smartphones), and/or printed as a single copy solely for your own use (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable right only and are subject to all restrictions described in these Terms and Conditions, including the prohibition on further transfer, sale, creation of derivative works, or exploitation or commercial use in any manner.
7. Reservation of Rights.
7.1 Irene Fehr reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted to you under these Terms and Conditions. No posting, copying, publication, sale, licensing, sub-licensing, renting, transferring, transmission, retransmission, broadcasting, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission. No editing, modification, adaptation, or alteration of Proprietary Materials or the creation of any derivative work incorporating any Proprietary Materials is permitted without our express written permission.
8. Equitable Relief.
8.1 You acknowledge that a breach of any proprietary rights described in these Terms and Conditions may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
9. Termination, Cancellation, and Refund
9.1 Either party may deactivate your account or terminate your participation in the Program for any reason immediately upon notice to the other party. You will not be relieved of your obligation to pay fees to Irene Fehr solely because of such termination. You agree that Irene Fehr will not be liable to you or any third party for any deactivation of your account or termination of your Program.
9.2 Irene Fehr LLC does not provide any kind of refunds of this program and of any additional coaching that was acquired with or after joining this program, including in case of cancellation, lack of use, lack of results, technical difficulties of any sort, or for any other reason whatsoever. ALL SALES ARE FINAL.
10. Mobile and Other Devices
10.1 If you use a mobile device to access the Program, the following additional terms and conditions (“Mobile Terms”) also apply:
(a) You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Program. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
(b) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of the Program based on the type of mobile device that you use.
11. Do’s and Don’ts
11.1 When using the Program, you warrant and agree that you will:
(a) comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries); and
(b) provide true and accurate information to us and keep it updated.
11.2 When using the Program, you agree that you will not:
(a) reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Program other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;
(b) manually or systematically harvest, scrape, collect, or otherwise extract information or data contained on the Program, other than permitted use of Authorized Downloadable Materials;
(c) impersonate or attempt to impersonate Irene Fehr, an Irene Fehr employee, another user, or any other person or entity (including without limitation by using e-mail addresses or Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;
(d) remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Program;
(e) co-brand or frame the Program or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of Irene Fehr.
12. Restricted Use of Program.
12.1 We reserve the right to monitor your use of the Program, and to suspend, revoke, deny, disable, or terminate your access if you have violated any provisions of these Terms and Conditions or if your usage behavior exceeds normal limits, as determined in our sole discretion. The meaning of the term “normal limits” will be determined solely by Irene Fehr.
13. Your Representations and Warranties.
13.1 You represent and warrant that:
(a) you are 18 years of age or older;
(b) you are fully able and competent to form a binding contract with Irene Fehr by entering into these Terms and Conditions;
(c) all information you provide to us in connection with your order is true, accurate, complete, current, and not-misleading; and
(d) you have access to the necessary computer systems, media systems, software, and network connections to receive and enjoy the benefit of the Program.
13.2. You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Program, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
14. Reliance and Functionality.
14.1 Irene Fehr does not warrant that the content or functions of the Program will meet your requirements or that the operation of the Program will be uninterrupted or error-free. The content and materials presented on or through the Program are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The Program could contain typographic or photographic mistakes, or may be inexact, unfinished, or outdated. We may update the content of the Program at any time without notice. Any reliance you place on the information in the Program is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on the information in the Program by you or by anyone who may be informed of any of its contents. The Program may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Irene Fehr, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Irene Fehr. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
14.2 You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Program, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Program may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Program, or any other delays outside of our control.
14.3 If any portion of the Program contains services (e.g., web conferencing), links, resources, or materials provided by third parties, including without limitation URL links and single sign on services (SSO), these services are provided for your convenience only. This may include links contained on courses or in advertisements, including banner advertisements and sponsored links on the Program. We have no control over the contents, software, or privacy practices of these third-party services, links, resources, or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them—if you access or use them, you do so entirely at your own risk.
15.1 You agree to release, defend, indemnify, and hold harmless Irene Fehr, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to:
(a) your violation of these Terms and Conditions;
(b) any use by you of the Program’s material, content, services, or products other than as expressly authorized in these Terms and Conditions; or
(c) your use of the Program.
15.2 You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
16. NO WARRANTY; LIMITATIONS ON LIABILITY
16.1 THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER IRENE FEHR NOR ANY PERSON OR ENTITY ASSOCIATED WITH IRENE FEHR MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER IRENE FEHR NOR ANY PERSON OR ENTITY ASSOCIATED WITH IRENE FEHR PROMISES, REPRESENTS, OR WARRANTS THAT THE PROGRAM OR CONTENT OBTAINED THROUGH THE PROGRAM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PROGRAM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PROGRAM OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IRENE FEHR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
16.2. IN NO EVENT WILL IRENE FEHR, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE PROGRAM OR THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (a) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE AMOUNT YOU HAVE ACTUALLY PAID TO IRENE FEHR FOR THE PROGRAM; (b) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (c) LOSS OR CORRUPTION OF ANY DATA, DATABASE, OR SOFTWARE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (d) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (e) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF IRENE FEHR OR VIA THE PROGRAM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Changes to Terms and Conditions or the Program.
17.1 We reserve the right to change or modify these Terms and Conditions or any documents, policies, or terms they incorporate by reference in our sole discretion and at any time. Any such change or modification will be effective immediately upon posting. Notwithstanding anything to the contrary, your continued use of the Program and any other Irene Fehr-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
17.2 Irene Fehr may at any time, without notice or liability, change or eliminate any content or feature of the Program or any portion thereof, or restrict the use of any portion of the Program. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Program. We will not be liable if for any reason all or any part of the Program is unavailable at any time or for any reason.
18. Dispute Resolution.
18.1 If a dispute arises out of these Terms and Conditions that cannot be resolved by mutual consent, the you and Irene Fehr agree to attempt to mediate in good faith for up to 30 days after notice is given in Denver, Colorado. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. If the dispute is not resolved through mediation, the parties agree that the dispute shall be submitted to mandatory binding arbitration pursuant to the rules of the American Arbitration Association or such other arbitrator as may be mutually agreed upon by the parties. The location of the arbitration shall be in Denver, Colorado.
19.1 If there is a dispute, you agree to not publicly or privately make any negative or critical comments about the Program, Irene Fehr or any of its employees, or to communicate with any other individual, company, or entity in a way that disparages the Program or harms its reputation in any way, including on social media. This does not prohibit you from testifying in arbitration or when required by law. Of course, you are not prohibited from publicly sharing your thoughts and opinions.
20.1 You and Irene Fehr each separately represent, warrant, and covenant that you and Irene Fehr have the full power and authority to:
(a) enter into an agreement subject to these Terms and Conditions;
(b) perform the obligations under these Terms and Conditions, and that performance does not conflict with, limit, or run contrary to any other agreement; and
(c) that by so doing, neither you nor Irene Fehr violates any applicable laws or any contractual relationship.
20.2 Failure by Irene Fehr to enforce any provision(s) of these Terms and Conditions will not be construed as a waiver of any provision or right.
20.3 If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.
20.4 These Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Colorado without regard to conflict of laws principles.
20.5 Any notice which may be required to be given under these Terms and Conditions will be given:
(a) By Irene Fehr to you via email to the email address you maintain in your account settings or by notifying you electronically by displaying the notice in the Program.
(b) By you to us in any commercially reasonable manner, including certified mail, return receipt requested, or any other customary means of communication at the address of our registered agent, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
20.6 Nothing in these Terms and Conditions will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither you nor Irene Fehr have, or may hold yourself or itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that is binding on the other, except as provided for herein or authorized in writing by the party to be bound.
20.7 We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms and Conditions. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms and Conditions, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms and Conditions without our prior written consent will be null and void ab initio. These Terms and Conditions will be binding upon and will inure to the benefit of the permitted successors and assigns of each party to these Terms and Conditions.