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Membership Agreement

Terms & Conditions & User Agreement

These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how Thomas Cottage Enterprises Inc., (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through www.homesteadingfamily.com or www.cwiproperties.com (the “Website”).  These Terms and Conditions apply to any services provided by us through our website, including, but not limited to, the use of the Websites and any purchases made through the websites, and our email subscription lists. By accessing and using this Website or subscribing to our email lists, we assume you accept these Terms and Conditions. Do not continue to access or use any of the above identified Websites or pages if you do not agree to all of the Terms and Conditions stated on this page. 

  1. Refunds and Returns. 

Except as otherwise agreed in writing, the Company’s refund and return policy for its products and services is outlined in this Section. The Company may specify different policies in its marketing materials for individual products or services, including offering no refunds or returns, and reserves the right to change these policies at any time.

Requests for refunds or returns must be made by email before any applicable deadline. Send requests to support@homesteadingfamily.com with “refund” or “return” in the subject line.

Before processing any refund or return, the Company may require written certification that you have:

 

a. Permanently deleted all digital Company-provided materials.

b. Returned or, at the Company’s discretion, destroyed all physical materials, including any copies you made.

c. Complied with these Terms and Conditions and any other agreements you’ve made with the Company.

 

You are responsible for the cost of returning physical items, and refunds may be contingent on the safe arrival of the returned items without material waste or damage.

These obligations will continue to apply after any refund or return is completed, for the longer of (i) the period required by law, or (ii) 35 years from your refund or return request.

Any breach of this Agreement disqualifies you from receiving a refund.

You agree that these terms and conditions are fair, equitable, and reasonable for both parties.

 

2. Intellectual Property. 

Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material and data on our Website. All intellectual property rights are reserved. You may access the materials and data from our Website for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

 

a. Republish material from our Websites;

b. Sell, rent or sub-license material from our Websites;

c. Reproduce, duplicate or copy material from our Websites;

d. Redistribute content from our Websites;

e. Use any materials, data, or information on our Website for any commercial use.

 

3. Copyright & Trademark Notice. 

 

Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2016-2024, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing or shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.

 

4. User Contributions. 

 

Parts of this Website offer an opportunity for users to post and exchange opinions and information in certain areas of the Website (“Comments”). We do not filter, edit, publish or review Comments prior to their presence on the Website. Comments do not reflect the views and opinions of Company and/or its affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

 

Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions, as determined in Company’s sole discretion.

 

You warrant and represent that:

 

a. You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;

b. The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

c. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;

d. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

You hereby grant Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

5. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. 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.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • 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 the Company 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, 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 purpose not expressly authorized in these Terms of Use, 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 that 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.
  • Otherwise attempt to interfere with the proper working of the Website.

 

6. Health and Wellness. 

 

a. Non-medical Background. Each of our owners is not now, has never been, and does not claim to be a medical doctor, psychologist, psychiatrist, mental-health counselor, or drug and/or disease-treatment prescribing health care professional. All of the goods, services, information and/or materials that we are providing you under this Agreement are in no way connected to or dependent upon such person’s past or current licenses and/or certifications. The information in our programs, goods and/or services is based on our personal experiences and on the experiences of our past and current members and participants and is shared for general educational purposes only and for no other purpose.

b. No Medical Advice. Our programs have historically produced above-average results, but they are not a quick-fix, a cure-all, or a substitute for sound medical advice. We strongly recommend you consult with a health care professional before embarking on this journey. Nothing claimed by us in our programs, nor on any of our Websites, or in any of our materials, is intended to be medical advice, nor is it any way a substitute for professional medical advice, diagnosis, or treatment. Nothing shared by us is intended as medical diagnosis, treatment or cure. Never disregard professional medical advice or delay in seeking medical advice because of something you have read or heard from us, on any of our Websites, in any of our materials, or for any other reason. Whether or not you choose to obtain the consent of your medical doctor or other qualified health care provider and/or work with your physician or other qualified health care provider while using any information received from us, you still are agreeing to accept full responsibility for your own actions and inactions including those of your dependents.

c. Consult Often with Your Medical Doctor or Health Care Professional. We are not mental health professionals, and anyone with a history of trauma should consult a mental health professional as you progress through our programs. Therefore, if you are currently taking any medications as prescribed by your doctor or health care professional, then your medications may need to be adjusted frequently; please consult with your doctor or health care professional. This is not a promise that your medications will change, just a possibility you may want to consider based on our past experience.

d. Weight Loss Results Will Vary. No claims about weight loss should ever be considered typical because the average person on any weight loss program either never begins the program, doesn’t follow many or all of the steps of the program, or drops out of the program. 

e. No Professional Advice. Nothing we provide for you here is intended to replace any form of competent professional advice in any form. If you are in need of professional advice, including medical, physical, mental or emotional health advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular past-and-current situation and circumstances and who can provide you with the personal follow-up you may require for your ongoing health and well-being and that of your dependents. 

 

7. No FDA Evaluation. 

As applicable, the advice shared on this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.

 

8. Trade Disclosures. 

This Website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this Website or its content, please contact us using the following email address: support@homesteadingfamily.com. The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our Website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our Website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.

 

9. Policy for Our Giveaways. 

 

a. No purchase(s) necessary to win. 

b. Any giveaway involving a physical prize requiring shipping is for U.S. residents only.  

c. Entrants must be natural persons of the age of majority in their primary country of residence, or in their other political subdivision of residence, as applicable. 

d. If the winner is located outside of the U.S., it is the winner’s responsibility to comply with all applicable laws.

e. Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person or persons to respond to our free call to action.

f. Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam, or the like. 

g. Subject to Section 9(o), winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.  

h. We may, at our discretion, make public on our site the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed. 

i. A winner’s tax considerations and any tax or tax-related obligations are entirely their own. In the event a giveaway is valued equal to or greater than US$600, we will send the winner a form 1099-misc for US income tax purposes.

j. We reserve the right to end, extend, or change a giveaway for any reason and without prior notice. 

k. We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.

l. In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.

m. Odds of winning in one of our giveaways depend on number of entrants. 

n. Void where prohibited by law.

o. Company may conduct giveaways during live webinars and adjust certain rules in real-time, such as the time a winner has to claim a prize or eligibility requirements. In such cases, the Company reserves the right to amend the rules in this Section 9 at its sole discretion, provided any changes are explicitly announced during the live webinar.

 

10. Third Party Services. 

 

Certain Membership Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content and/or materials (“Third-Party Services”). Company does not control any Third-Party Services. Company makes no claim or representation regarding the Third Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services. There is no implied affiliation, endorsement, or adoption by the Company of these Third-Party Services and Company shall not be responsible for any content provided on or through these Third-Party Services. 

 

11. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING GIVEAWAYS PURSUANT TO SECTION 9, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH GIVEAWAYS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

12. Limitation of Liability.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12  MONTHS FROM THE DATE THE LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

13. Indemnification. 

 

Member agrees to defend, indemnify and hold harmless Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of Member’s personal individual conduct, actions or inactions, and/or from Member’s breach of any of the terms of this Agreement, Member License Agreement or Privacy Policy. 

 

14. Other Terms & Conditions. 

 

All of the provisions of our Privacy Policy and Member License Agreement are incorporated by reference into these terms and conditions. Anyone subscribing to our Website or using any of our programs, posts or pages is also agreeing to these terms and conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by clicking the link or button provided in the footer of any of our emails. We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These terms and conditions, and any other legal documents or agreements we have entered into with you, will supersede any previous terms and conditions you may have copies of in any form, regardless of whether we or you have signed them or not. 

 

15. Entire Agreement. 

 

This Agreement constitutes the entire understanding between Member and Company with respect to any and all use of the Website. This Agreement superseded and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the relationship between Member and Company.

 

16. Severability and Interpretation. 

 

Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this Agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this Agreement shall not be construed against the drafting party because of its being the drafter of this Agreement.

 

17. Survival. 

 

All obligations of the parties hereto contained in this Agreement shall survive the expiration or termination of this Agreement.

 

18. Dispute Resolution. 

 

In case of a dispute between Member and Company relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Member and Company shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in Section 19 of this Agreement. The arbitration shall be conducted by a single arbitrator. The arbitrator shall be bound by applicable and governing federal and state law of Idaho. Member and Company hereby agree to each pay their own costs and fees. Claims necessitating arbitration under this Section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. MEMBER AND COMPANY HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO A JURY TRIAL.

 

19. Governing Law. 

 

This Agreement shall be governed by and construed in accordance with the internal laws of Idaho without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located Boundary County, Idaho.  

 

20. Counterparts. 

 

This Agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your access and use of the information on this Website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.

 

21. Headings and Interpretation: 

 

The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. The parties agree that no provision of this Agreement shall be interpreted against the drafting party because of its being the drafter of it.

 

22. Notices. 

 

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each a “Notice”) shall be in writing and addressed to the Company and Member. All Notices from Company to Member relating to this Agreement will be sent to the email address Member provided to Company. Any Notices from Member to Company relating to this Agreement, must be sent to the following email address: support@homesteadingfamily.com. A Notice is only effective if (i) the receiving party has received the Notice and (ii) the party giving the Notice has complied with the requirements of this Section.

 

23. Changes to this Agreement. 

 

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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