Updated June 20, 2024

The following terms and conditions ("Terms of Use") constitute an agreement between business name doing business as Natalie Diane Medium, ("Natalie Diane"), and you (“You” or the “User”) that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Natalie Diane Medium, located at nataliedianemedium.com  ("Website"). 

Your access or use of the Website and Services indicates your acknowledgment that you have read, understand and agree to be bound by these terms and conditions and to comply with all applicable laws, and constitutes your acceptance of, and agreement to, the following Terms of Use. Natalie Diane Medium  reserves the right, without notice to you, to modify, alter, amend or update these Terms of Use and any information contained on its Website. If you do not agree with or do not accept these Terms of Use, or any part thereof, you must not use the Website.

THE SERVICE

Modifications to the Service: Natalie Diane Medium may make improvements or changes in the products, programs or other Services described and offered on the Website at any time without notice. Except to the extent a user has purchased a particular Service for a stated period of time, Natalie Diane Medium reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Natalie Diane Medium will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law or by an individual service agreement with Natalie Diane Medium.

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Natalie Diane Medium or its third party payment provider with valid information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes related to your billing information as necessary (for example, a change in your billing address or credit card expiration date). You agree to pay the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service agreement. You hereby authorize Natalie Diane Medium or its agent to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until your Services agreement is terminated or has otherwise ended and the amount due is paid in full. You agree to pay any charges so incurred and agree to waive the right of chargeback or otherwise to seek a refund from your bank or credit card company. If you dispute any charges you must let Natalie Diane Medium know within thirty (30) calendar days after the date that Natalie Diane Medium charges you. Except to the extent a particular product has already been purchased for a specified time period, Natalie Diane Medium reserves the right to change the price of the Services offered, without notice to you. If you decline to continue your use of the Services after an applicable price change, you must cancel your User Account. Your continued use of the Service after a price change becomes effective constitutes your agreement to pay the new amount.

Make-ups for missed sessions may be scheduled in the sole discretion of Natalie Diane Medium.

CONDITIONS OF USE OF THE SERVICE

License for Use: The Service, and any content viewed through the Service, are solely for your own use and development and not to be commercially distributed. With your purchase of Natalie Diane Medium Services, and any content viewed through the Service, Natalie Diane Medium grants you a limited, non-exclusive, non-transferable, license to access your purchased Services and view the content through the Site.  Except for the foregoing limited license, no right, title or interest shall be transferred to you. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website). All other use of this site is prohibited. Unless otherwise expressly authorized herein or in a particular agreement for the Service or User Account, or with the express permission of Natalie Diane Medium, you agree not to share, display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, or use content from this Website on another website or in any other media. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you without prior notice.

User Registration Obligations: You may be required to register with Natalie Diane Medium in order to access and use certain features of the Service (“User Account”). If you choose to create a User Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form, and update your User Account information as necessary. Registration data and certain other information about you are governed by our Privacy Policy, set forth below. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

User Account, Password and Security: You may only use and access your own User Account, and you may not provide another person with the username and password to access your User Account or the content and Services accessible through the User Account’s access. You may not impersonate another user or otherwise manipulate identifiers for the purpose of disguising content you transmit. You are fully responsible for any and all activities that occur under your password or User Account. You agree to (a) immediately notify Natalie Diane Medium of any unauthorized use of your password or User Account or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session when accessing the Service. Natalie Diane Medium will not be liable for any loss or damage arising from your failure to comply with this Section, or unauthorized purchases made in your account without your permission. You acknowledge that Natalie Diane Medium reserves the right to terminate User Accounts that are inactive for an extended period of time or that engage in behavior prohibited by these Terms of Use. You further acknowledge that Natalie Diane Medium reserves the right to change these general terms and limits at any time, in its sole discretion, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

Service and Website: Natalie Diane Medium owns all rights in (1) the Website and the Service (2) any technology associated with the Website and/or the Service, and (3) Natalie Diane Medium’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with either the Website or the Service. User will not copy, modify, distribute, sell,  lease or otherwise share the Website and/or Service or any part thereof or attempt to unlock or bypass any encryption or other protections used by Natalie Diane Medium without the express written consent of Natalie Diane Medium. User acknowledges that the Website and/or Service constitutes Natalie Diane Medium’s trade secrets, intellectual property and confidential information. User will not use any such information to duplicate the Website and/or Service or the results of the Website and/or Service or to develop a similar service, or to enable any third party to do any of the foregoing. User shall not develop or use any alternative service that creates, displays or sells content substantially similar to the Website and/or Service. Any violation of this provision shall be deemed to be an infringement of Natalie Diane Medium intellectual property and may result in termination of your User Account at the sole discretion of Natalie Diane Medium and/or taking any legal action that Natalie Diane Medium may deem necessary.

You must not use the Website and/or Service in a way that causes, or may cause, damage to the Website and/or Service or impair the availability of access to the Website and/or Service. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website and/or Service, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website and/or Service to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software. Any rights not expressly granted herein are reserved by Natalie Diane Medium.

Copyright:  Unless otherwise noted, the design, content and all components of the Website and Services are copyrights owned by Natalie Diane Medium or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. All text, blog posts, comments, articles, how-to guides, photographs, video, graphics, training materials, deliverables, assessments, reports, and other information, in any form or medium, or unless cited otherwise by Natalie Diane Medium (collectively, the “Content”) is owned by Natalie Diane Medium and protected by copyright law.

All other uses are expressly prohibited without the prior written consent of Natalie Diane Medium. Such prohibited uses include, but are not limited to, republishing any portion of the Content, modifying or creating derivative works from the Content, entering the Content into a database, distributing any Content to others whether for payment or other consideration, decompiling, reverse engineering, disassembling any software or other products or processes accessible through the Website, inserting any code or product into the Website, or data mining, data gathering, or other extracting.

Notwithstanding the foregoing, unless otherwise agreed to by Natalie Diane Medium in writing, you may link to this Website on the condition that the link does not visually impair the presentation or appearance of this Website, misrepresent your relationship with Natalie Diane Medium, imply the unauthorized endorsement of Natalie Diane Medium, present false, denigrating or misleading impressions about Natalie Diane Medium or otherwise damages the goodwill associated with the Natalie Diane Medium name or trademarks. As a further condition of being permitted to link to this site, you agree that Natalie Diane Medium may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Natalie Diane Medium trademarks.

Trademarks: The Natalie Diane Medium name and logos are trademarks and service marks of Natalie Diane Medium (collectively the “Trademarks”) and may not be used in connection with any product or service that is not part of the Natalie Diane Medium brand, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Natalie Diane Medium.  

Other product and service names and logos used and displayed via the Service and/or the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Natalie Diane Medium. Any third party material, service or software (e.g. Acuity Scheduling and Zoom widgets) made available on the Website is governed by that product’s licensing, terms, conditions, and notices.

Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Natalie Diane Medium Trademarks displayed on the Service and/or the Website, without our prior written permission in each instance or as may be specifically described herein. All goodwill generated from the use of Natalie Diane Medium Trademarks will inure to our exclusive benefit.

By using the Website and the Service(s), you acknowledge that any violation of the rights of Natalie Diane Medium to its intellectual property as expressed herein will cause Natalie Diane Medium to suffer irreparable harm for which Natalie Diane Medium will not have an adequate remedy at law. Natalie Diane Medium shall be entitled to injunctive relief, without bond, including but not limited to temporary restraining orders and/or preliminary or permanent injunctions, to restrain any violation or threatened violation. Natalie Diane Medium’s right to injunctive relief shall be in addition to, and not in lieu of, any other legal or equitable remedies that may be available to Natalie Diane Medium, including but not limited to monetary damages to the extent they are calculable. If Natalie Diane Medium prevails in obtaining any form of injunctive relief, it shall be entitled to recover its costs, including reasonable attorney’s fees. Any action for injunctive relief shall be brought exclusively in the courts located in or having jurisdiction over Maricopa County, Arizona.

TERMINATION OF USER ACCOUNT BY Natalie Diane Medium

You agree that Natalie Diane Medium, in its sole discretion, may suspend or terminate your User Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Natalie Diane Medium believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Natalie Diane Medium may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Natalie Diane Medium may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Natalie Diane Medium will not be liable to you or any third party for any termination of your access to the Service. As per the no-refund policy, termination of your account by Natalie Diane Medium does not entitle you to a refund or relieve you of your obligation to pay any amounts due.

DISCLAIMER

Natalie Diane Medium makes no guarantees regarding the results that you will see from using the information provided on the Website and through the Service.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. By obtaining a User Account, you agree that Natalie Diane Medium’ liability is limited to the monetary amount you have paid to Natalie Diane Medium. Natalie Diane Medium shall not be liable to you for lost profits or other consequential damages.

From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information or guarantee the results. Please confirm that you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described on the Website. There is no guarantee that you will see positive results in your business using the techniques and materials provided on the Website and through the Service. We assume no responsibility for your decisions or for policies or practices that you implement based on our Services and the information on the Website.

Any statements related to income or earnings potential on the Website and through the Services are examples of what may be possible in the future. Again, we make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, receipt of funding or any other performance as a result of the actions you take based upon the information provided on the Website or through our Services. We will provide our best efforts and information, but you are responsible for the results.  

You further agree that the Services and Website provide neither accounting, legal or tax services nor therapy, mental health care or any other kind of health care, legal or financial training and you agree not to use Natalie Diane Medium as a substitute.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to natalie@nataliedianemedium.com 

COMMUNICATION

If you send Natalie Diane Medium an email, register to use the Website or provide your email to Natalie Diane Medium in any other way, you consent to receive communications from Natalie Diane Medium electronically. You agree that all legal notices provided via electronic means Natalie Diane Medium satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links, access or references to third party websites that are not governed or controlled by Natalie Diane Medium. Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. Your use of a third party site represents and warrants that you have read and agree to be bound by all applicable terms of use and policies for any third party website that relates to your use of the Website. Natalie Diane Medium makes no representations, warranties or other commitments about third party resources and assumes no control or liability over the content of any third party sites. You are responsible for your own precautions to protect yourself from computer viruses and other potentially destructive programs, and to protect your information.

Further, Natalie Diane Medium is not a party to or responsible for any transactions you may enter into with third parties, even if you are linked to or learn of such parties from this Website or if the third party site contains the logo or markings of Natalie Diane Medium. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Natalie Diane Medium harmless from any and all liability in any dispute.

NO WARRANTIES

The Website and Services are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Natalie Diane Medium makes no representations or warranties in relation to the Website or the information and materials provided therein, and you are responsible for the results.

Natalie Diane Medium makes no warranty that the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Natalie Diane Medium is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. (SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.)

LIMITATION OF LIABILITY

NATALIE DIANE MEDIUM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR A THIRD PARTY WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY LIABILITY OF Natalie Diane Medium UNDER THIS TERMS OF USE AGREEMENT OR OTHERWISE IN RELATION TO THE WEBSITE OR SERVICES OF Natalie Diane Medium IS LIMITED TO THE MONETARY AMOUNT YOU HAVE PAID TO Natalie Diane Medium.  

IN THE EVENT OF SUCH A DISPUTE BETWEEN YOU AND NATALIE DIANE MEDIUM, IF NATALIE DIANE MEDIUM IS THE PREVAILING PARTY IN ANY PROCEEDING OR RECEIVES A FAVORABLE AWARD IN ARBITRATION, NATALIE DIANE MEDIUM SHALL BE ENTITLED TO RECOVER FROM YOU ITS COSTS, INCLUDING REASONABLE ATTORNEY’S FEES.   

INDEMNITY

You agree to defend, indemnify and hold Natalie Diane Medium, its members, employees, officers,  managers, Group and other agents and representatives harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Natalie Diane Medium suffers as a result of third party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; (iv) disclosure, in the event Natalie Diane Medium is subpoenaed or otherwise commanded by lawful process to disclose information; or (v) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The parties agree that the Terms of Use agreement is entered into in the state of Arizona where Natalie Diane Medium maintains its principal place of business. The Terms of Use will be governed and construed in accordance with the laws of the State of Arizona without regard to its conflict of laws. Except with respect to claims for equitable relief by Natalie Diane Medium, any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, related to a transaction for Services purchased on the Website or otherwise obtained from Natalie Diane Medium, or arising from use of this Website or any other site connected thereto, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Maricopa County, Arizona. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. The parties shall equally pay the costs of the arbitrator. If Natalie Diane Medium receives a favorable arbitration award, it shall be entitled to recover its costs, including reasonable attorney’s fees.

FORCE MAJEURE

Natalie Diane will not be liable to you for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its control, including and without limitation: weather; failures or fluctuations in electric power, heat, light, air conditioning or telecommunication equipment including this Website; strikes, lockouts, or other industrial disturbances; civil disturbances and shutdowns; acts of war; acts of terrorism; fires; or acts of God.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable, provided that such unenforceability does not materially affect Natalie Diane Medium’s rights under this Terms of Use. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without the prior written consent of Natalie Diane Medium, however, the Terms of Use may be assigned by Natalie Diane Medium in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Natalie Diane Medium.

All notices with respect to the Terms of Use must be in writing and may be sent via email to natalie@nataliedianemedium.com