Terms & Conditions

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Terms of Engagement for our Programs, Products and Services

Please read these Terms of Engagement carefully.

These Terms of Engagement are organized into the following sections:

Use & Consent

Program Description

Investment

No Refund Policy

Payment Terms

Credit Card Authorization

Termination

Confidentiality

Media Release

Intellectual Property

No Promises or Warranties

Disclaimers

Limitation of Liability

Indemnification

Force Majeure

Alternative Dispute Resolution

Governing Law & Severability

Entire Agreement

Waiver

Privacy Policy, Terms & Conditions, Disclaimer

Effective Date

Use & Consent

Welcome to In Her Wholeness and SHE, the Sacred Heart Enclave! The following Terms of Engagement for our Programs, Products, and Services are entered into by and between you and the Company.

Our Programs, Products, and Services are owned and operated by Kimmberly Wotipka dba In Her Wholeness, a Texas business structure (“Company”, “we”, or “us”). The term “you” refers to the enroller, purchaser and/or user of our Programs, Products, and Services, whether as a registered user or a guest (“Client” or “you”).

By enrolling in, purchasing and/or using our Programs, Products, and Services, or by clicking to accept our Terms of Engagement when the option is made available to you, you agree to the terms and conditions set forth in these Terms of Engagement, including those incorporated by reference, and are legally bound by them, whether or not you have read them. We reserve the right to change these Terms of Engagement from time to time. If at any time you do not agree with these Terms of Engagement, immediately discontinue the use of our Programs, Products and Services.

Program Description

Our Programs, Products, and Services are designed to educate and assist you with personal transformation. The structure of our Programs, Products, and Services are detailed on the respective registration pages at the time of enrollment and/or purchase.

You will have access to the Materials associated with our Programs, Products, and Services, and any additional resources on the Thank You or Access Page and any associated Facebook group(s). However, we reserve the right to revoke such access to any associated Facebook group(s) at any time for any reason. In the event we intend to close the Thank You or Access Page, we will make reasonable efforts to provide you with advanced notice and the ability to download the resources.

Investment

By enrolling in, purchasing and/or using our Programs, Products, and Services, you agree to invest in yourself and invest in such offerings by assuming financial responsibility for all purchases made by you, or someone acting on your behalf, and paying the fees described on the respective registration pages at the time of enrollment and/or purchase.

No Refund Policy

Your satisfaction with our Programs, Products, and Services is important to us. Yet, because of the extensive time, effort and preparation that goes into creating and/or providing our Programs, Products, Services and the Program Materials, as well as our commitment to hold you in integrity with your commitments, we have a no refund policy. If you’re in, you’re in.

YOU ARE RESPONSIBLE FOR THE FULL FEE REGARDLESS OF WHETHER YOU COMPLETE OUR PROGRAMS, PRODUCTS AND/OR SERVICES AND NO REFUNDS WILL BE PROVIDED.

Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. If you voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of our Programs, Products and/or Services. By enrolling in, purchasing and/or using any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

In line with our clear and explicit No Refund policy, we do not tolerate or accept any threat of chargeback or actual chargeback from your credit card company. Your agreement with us will automatically terminate upon such attempt to seek a chargeback from your credit card company. You will remain responsible for payment in full for our Programs, Products, and Services which you have purchased and/or participated in, as well as any processing fee associated with your chargeback attempt.

In the event that a chargeback is placed on your purchase, we reserve the right to report the incident to all three credit reporting agencies and/or to report a delinquent account which could negatively impact your credit score. The information reported will include your name, email date of your purchase, purchase amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Payment Terms

In the event any payment due and owing is late, your access to and participation in our Programs, Products and Services, may be suspended until payment is made. We charge a 2% late penalty on all balances due that are not paid within thirty (30) days. We reserve the right at our discretion to terminate these Terms of Engagement and permanently revoke your access to all Programs, Products and Services if your account is beyond thirty (30) days past due.

We reserve our right to seek payment from you for any delinquent payment(s) by enlisting the help of an attorney or collection agency. You will be solely responsible for any fees or costs incurred in enforcing these Terms of Engagement by seeking payment of unpaid Fees due and owing. We reserve our right to report your delinquent payment(s) to all three credit reporting agencies, either directly or through the help of a collection agency.

Credit Card Authorization

If paying by debit or credit card, you give us permission to automatically charge your card as payment for our Programs, Products, and Services in accordance with these Terms of Engagement without any additional authorization, for which you will receive an electronic receipt. You authorize us to provide your name, mailing address, and credit card information to third parties for purposes of payment processing.

Termination

These Terms of Engagement will terminate either (1) automatically upon completion of our Programs, Products, and Services, (2) automatically upon notice of failed or delayed payment(s) under these Terms of Engagement, or (3) immediately if you are in breach or material default of these Terms of Engagement, which includes if you do not uphold your responsibilities as described herein, or if you misuse our Programs, Products, Services, or Program Materials for speculative, false, fraudulent, or illegal purposes.

If you become legally incapacitated or die, these Terms of Engagement will automatically terminate. Notwithstanding anything herein to the contrary, you or your estate will not be obligated to continue making payments under these Terms of Engagement beyond what has already been paid up to the date of termination. No refunds will be issued for funds received prior to the date of termination.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Thank You or Access Pages, private forums, e-mail communications, Facebook groups, live webinars or conference calls via Zoom, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

Confidentiality

We value your trust and respect your confidentiality. During the course of our Programs, Products, and Services, you may share Confidential Information with us. “Confidential Information” does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party.

We will use our best efforts to keep your Confidential Information safe, secure and refrain from disclosing it to third parties. When you submit Confidential Information via our Programs, Products, or Services, we take measures to protect the security of your Confidential Information.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our Program, Products and Services; therefore, submitting Confidential Information, data or other information is done at your own risk. We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

When you participate in one of our group mentoring programs or attend one of our events, you agree to treat any information you learn about other group members or attendees as Confidential Information and you will not disclose any such information to third parties without the prior written consent of the disclosing party.

In addition to maintaining your Confidential Information, we uphold your general rights to privacy and secure your Personal Data, as set forth in our Privacy Policy [https://www.kimmberlywotipka.com/privacy-policy/]. Furthermore, Kimmberly Wotipka will uphold the clergy-communicant privilege when you engage in one-on-one services with her, in confidence, for the purposes of seeking spiritual advice or comfort. This means we will not disclose any communication within the scope of such clergy-communicant relationship without your consent.

Media Release

By participating in our Programs, Products, and Services, including engaging in our community on our Facebook group page(s), you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings may be shared with potential clients or other current or future clients who have purchased our Programs, Products and Services.

Intellectual Property

The content in our Programs, Products and Services and all Program Materials that we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, reprint, distribute, trade, sell, republish or otherwise exploit the Program Materials without our prior written consent. All of our intellectual property, including all content and Program Materials, trade secrets and proprietary processes and procedures, are our sole property (the “Materials”). Our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.

If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Engagement.

You are permitted to use our Programs, Products, Services and Program Materials as follows: You may download and/or print Program Materials for your own personal use. However, you are not permitted to share, copy, reprint, distribute, trade, sell, republish or otherwise exploit any of our Program Materials, including handouts, for any commercial purpose or unintended non-commercial purpose. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately. You may not transfer or assign these Terms of Engagement without our written consent.

If you are enrolled in the “Become the Ceremonial Cacao Priestess or Priest” Program, you are hereby granted a limited license to use, copy, and share the written Materials on the “How to Work with Cacao” page.

If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Program Materials, and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under this these Terms of Engagement. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in these Terms of Engagement, you appoint us as your true and lawful attorney-in-fact with full power of substitution.

No Promises or Warranties

We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from our Programs, Products, and Services. We have made every effort to accurately represent our Programs, Products, and Services, but ultimately, your use of and participation in our Programs, Products, and Services are up to you completely.

Because of the nature of our Programs, Products, and Services, the results experienced by clients vary significantly. You accept responsibility for this variance. We make no representations or promises regarding performance other than those expressly written in these Terms of Engagement. You acknowledge and agree that there are no guarantees as to the specific outcome or results you can expect from our Programs, Products, and Services. We are not responsible for any decisions you make as a result of our Programs, Products, and Services, or for any consequences of those decisions. You agree to use your own judgment and due diligence.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND non-infringement.

Disclaimers

By enrolling in, purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you agree to the terms our full Disclaimer https://kimmberlywotipka.com/disclosure-disclaimer/, which may be found on our Website, to your use of and participation in our Programs, Products, and Services.

Not Medical or Mental Health Advice. We are not, nor are holding ourselves out to be a doctor, physician, nurse, physician’s assistant, advance practice nurse, or any other licensed medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, social worker, or any other licensed mental health professional (“Mental Health Provider”), registered dietician or licensed nutritionist. Although we provide spiritual mentoring, cacao ceremonies, and educational services, and may incorporate the modalities of Clairvoyance and Plant Spirit Medicine, we are not holding ourselves out to be a Medical Provider or Mental Health Provider, providing health care, mental health care, medical, psychiatric or nutritional therapy services, or attempting to diagnose, treat, prevent or “cure” any physical, mental or emotional issue, disease or condition.

Our Programs, Products, and Services, including any communications with us, do not constitute and cannot be relied upon as medical or psychiatric advice and are not intended to be a substitute for the professional advice of your own Medical Provider or Mental Health Provider. Do not disregard medical or psychiatric advice or delay seeking medical or psychiatric advice because of information or communications you have received from us. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. Any action you take upon the information or communications provided by us is strictly at your own risk, and we will not be liable for any losses and damages. If you have or suspect that you have a medical or mental health condition, do not delay seeking medical or psychiatric advice from your own Medical Provider or Mental Health Provider.

If you are in suicidal crisis or emotional distress, dial 988 directly for the national Suicide & Crisis Lifeline. Call 911 in life-threatening situations.

No doctor-patient relationship or psychotherapist-patient relationship is created by enrolling in, purchasing and/or participating in our Programs, Products, and Services.

Not a Religious Organization. Although we have general knowledge of religious and spiritual issues, Kimmberly Wotipka is an ordained minister with Universal Life Church, and Kimmberly Wotipka is trained in the modalities of Clairvoyance and Plant Spirit Medicine, we are not and do not hold ourselves out to be a religious organization. Information and content provided in our Programs, Products, Services or Program Materials does not constitute and cannot be relied upon as religious advice and is not intended to be a substitute for the advice of a trained religious advisor. Any action you take upon the information and content provided on or through our Programs, Products, Services or Program Materials is strictly at your own risk, and we will not be liable for any losses and damages. Always seek religious advice from your own religious organization relating to your specific circumstances, as needed.

No Clergy-Communicant Relationship. Although Kimmberly Wotipka is an ordained minister with Universal Life Church, information and content provided on or through our Programs, Products, Services or Program Materials does not create a clergy-communicant relationship and does not constitute an agreement to create a clergy-communicant relationship with Kimmberly Wotipka. A clergy-communicant relationship is only established after you engage in one-on-one services with Kimmberly Wotipka, in confidence, with no third party or non-clergy person present, for the purposes of seeking spiritual advice or comfort. Your general rights to privacy are separate and distinct from the confidential nature of a clergy-communicant relationship recognized in certain jurisdictions. Kimmberly Wotipka will not disclose any communication within the scope of such clergy-communicant relationship without your consent.

Earnings Disclaimer. We do not make any representations as to the future income, sales volume or potential profitability that may be derived as a result of your use of or participation in our Programs, Products, and Services. As with any business, results may vary depending on individual capacity, business skills, knowledge, education, experience, expertise, training, and level of desire. There are no guarantees concerning the level of success you may experience. You accept the risk of using the information and content provided in our Programs, Products, and Services and the consequences of your use, or non-use, thereof based on your own due diligence. Any prior successes or past results of current or former clients may not be relied on as an indication of your future success or results. No assurances can or should be inferred as to any particular outcome or result based on testimonials related to our Programs, Products, and Services. We cannot be held responsible for any success or failure of your business that is directly or indirectly related to the use of information or content provided in our Programs, Products, and Services.

Certification Disclaimer. Any of our certified courses are designed to carry forth the teachings and principles of In Her Wholeness and the Sacred Heart Enclave, and support your spiritual and professional growth. All courses and certifications, including but not limited to, the “Elemental Priestess” Certification, “Elemental High Priestess” Certification, Certificate of Completion in the “Mary Womb Mysteries Intensive,” “Elemental Oracle Training” Certification, are not recognized by and do not qualify for credit at any educational institution and are not accredited by any other agency or traditional university system.

Not Professional Legal, Accounting, or Financial Advice. No licensed professional relationship is created by enrolling in, purchasing and/or participating in our Programs, Products, and Services. Our Programs, Products, and Services do not constitute and cannot be relied upon as professional advice and are not intended to be a substitute for the professional advice of your own personal or business attorney, accountant or financial advisor. Any action you take upon the information and content provided in our Programs, Products, and Services is strictly at your own risk, and we will not be liable for any losses and damages. Always consult with your own attorney, accountant or financial advisor for any and all questions and concerns you have pertaining to your specific legal and financial situation.

Limitation of Liability

You agree to release and do hereby release the Company, including our members, officers, employees, contractors, affiliates, agents, attorneys and other representatives, as well as any predecessors and successors (collectively, “Company”, “we”, or “us”), of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of our Programs, Products or Services and/or any information and resources contained in our Programs, Products or Services.

You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of our Programs, Products or Services. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for monetary loss or emotional distress, arising out of or in any way connected with the use or performance of our Programs, Products or Services, with the delay or inability to use our Programs, Products or Services or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through our Programs, Products or Services, or otherwise arising out of the use of our Programs, Products or Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with our Programs, Products or Services or any portion of it, your sole and exclusive remedy is to discontinue using our Programs, Products or Services.

Indemnification

You agree to indemnify the Company, including our members, officers, employees, contractors, affiliates, agents, attorneys and other representatives, as well as any predecessors and successors (collectively, “Company”, “we”, or “us”) and hold us harmless from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of these Terms of Engagement, including but not limited to, any act or omission arising out of our certification programs, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You will cooperate with us and will provide reasonable assistance in defending any such claim.

Force Majeure

We are committed to delivering our Programs, Products, and Services to the fullest extent possible. We shall not be liable or responsible to you for any delay or inability to deliver our Programs, Products, and Services or fulfill any term of these Terms of Engagement due to force majeure, acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, or other natural disaster or any foreseen/unforeseen human-initiated event or circumstance, explosion, governmental actions, war, invasion, or hostilities, terrorist threats or acts, riot, or other civil unrest, national emergency, epidemic, health or travel restrictions, quarantines, shelter-in-place or stay-at-home orders or precautions imposed by any government entity or agency, local, state or federal law or ordinance, revolution, insurrection, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Alternative Dispute Resolution

We will attempt to resolve any dispute in connection with these Terms of Engagement on an amicable basis, through our prompt, good faith discussions and non-binding mediation, with a mutually agreed upon mediator, the cost of which will be split equally. Each party will be responsible for their own attorney’s fees, if any. Any dispute that we cannot resolve ourselves shall be settled by final and binding arbitration in Houston, Texas, before a sole, mutually agreed upon arbitrator, who will award attorney’s fees and costs to the substantially prevailing party. The arbitration proceedings will be administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration award will be in writing and specify the factual and legal bases for the award. Judgment rendered on the award may be entered in any court having jurisdiction thereof.

Governing Law & Severability

These Terms of Engagement will be governed by Texas law, without regard to principles of conflicts of law. If any part of these Terms of Engagement are invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from these Terms of Engagement and the validity of the remaining provisions will not be affected.

Entire Agreement

These Terms of Engagement include all of the terms of our relationship and constitute the entire agreement between us. These written terms are not subject to any oral agreements or understandings.

Waiver

The waiver by either party of a breach or violation of any provision of these Terms of Engagement does not constitute a waiver of any subsequent or other breach or violation.

Privacy Policy, Terms & Conditions, Disclaimer

Please review the Company’s Privacy Policy and Terms and Conditions, and Disclaimer for our website and/or our Membership site, which are incorporated by reference into these Terms of Engagement. As a condition of your use of or participation in our Programs, Products or Services, you agree to abide by the Company’s Privacy Policy, Terms and Conditions and Disclaimer. In the event of a conflict between any of those terms of our Website policies and these Terms of Engagement, these Terms of Engagement shall govern.

Effective Date & Survival

These Terms of Engagement shall commence and be enforceable with respect to our Programs, Products or Services upon the date that you accept and agree to these Terms of Engagement by enrolling in and/or purchasing our Programs, Products or Services, or by clicking to accept our Terms of Engagement when the option is made available to you. The Company’s rights under these Terms of Engagement shall survive the termination of these Terms of Engagement.

If you have any questions about these Terms of Engagement, please contact us by email at [email protected].

Last Updated: January 11, 2024