Last Updated: October 7th, 2021

The terms “we”, “us”, and “our” refer to Ashley Turner, Inc. (“Company”).

The term “Site(s)” refers to www.ashleyturner.org, www.ashleyturner.co, www.yoga-psychology.co, https://ashley-turner-c034.mykajabi.com and any other websites that Company may operate from time to time (“Sites”). On these Sites, we provide information related to the subject matter of yoga, psychology and entrepreneurship. We also sell various related products and services, including, but not limited to coaching services, trainings and online programs (collectively, “Services”) on the Sites.

The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.

By using our Sites and/or Services, whether made available for purchase or not, or by clicking to accept or agree to Terms of Use when this option is made available to you, you are agreeing to these Terms of Use and our Privacy Policy (located at https://ashleyturner.org/privacy-policy/).

If you purchase one of our Services, in addition to these Terms of Use, your purchase may be governed by additional terms and conditions. Your assent to those additional terms and conditions may be provided either by (i) checking the box acknowledging your assent to the Terms of Service and clicking the purchase button for that Service and/or (ii) signing a contract related to that Service (“Terms of Service”).

The Terms of Use, Privacy Policy, any applicable Terms of Service, and any other agreement that governs your use of our Sites and/or Services, which are collectively referred to as “Agreements.”

You should not use our Sites or Services if you do not agree with the terms and conditions contained in these Agreements.

1. USE OF THE SITES AND SERVICES
2. • LAWFUL PURPOSES. You may use the Sites and/or Services for lawful purposes only. You agree to use the Sites and/or Services for legitimate purposes only. To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Use. Minors are prohibited from using the Sites and/or Services.
   • ACCOUNT CREATION. In order to use the Sites and/or Services, you may be required to provide information about yourself including, but not limited to, your name, email address, username, password and/or other personal or financial information (collectively, “Account Information”). You agree that any Account Information you provide will always be accurate, correct and up to date. You must not impersonate someone else or provide information other than your own. You are solely responsible for maintaining the confidentiality of your Account Information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your Account Information, with or without your knowledge.
   • ACCESS TO SITES/SERVICES. Your Account Information may not be shared with another third party. Any access to the Sites and/or Services, whether or not we provide it to you in exchange for a fee, is granted only to you —  the user on record with the Company.
   • CONSENT. When you register with the Company (for example, by creating an account, registering to receive emails, or by purchasing our Services), you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning our products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email. You can learn more by viewing our Privacy Policy located at https://ashleyturner.org/privacy-policy/;
   • REFUSAL OF SERVICES. We reserve the right to refuse access or immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if in our sole discretion, you violate these Terms of Use or other Agreements governing your use of the Sites and/or Services.
3. PAYMENTS AND REFUNDS
   • PRICING. All applicable prices for our Services are as set forth alongside the offered Services and are payable in United States dollars. You agree to be financially responsible for all purchases made by you at the prices stated at the time of your purchase, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Subject to us fulfilling our responsibilities to you based on acceptance of your payment for our Services, we reserve the right to modify our pricing structure at any time and without advance notice.
   • FORM OF PAYMENT. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). Fees will be processed through third-party payment processing systems. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
   • PAYMENT POLICY.For selected Services, you may be offered the option of (i) a payment plan or (ii) pay-in-full at the time of purchase. Regardless of which option you choose, you agree to make timely and full payments to the Company. The full amount is due to the Company even if you choose not to completely participate in the Services. If a you select an offered payment plan, your first payment will be due the day you purchase the related Service, with the following payments due as (i) set forth in the applicable Terms of Service or (ii) where no Terms of Service are offered, as represented alongside the offered Service. You authorize Company to automatically charge the credit card on file for any and all balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may refuse service to you without liability or refund. Our refusal of service due to overdue accounts does not excuse you from your obligation to pay the amounts owed in full.
   • REFUNDS. Refund policies are governed by the conditions outlined in the Terms of Service for the corresponding Service or where no Terms of Service are offered, as represented alongside the offered Service. If you have questions about the refund policy for a particular Service, please contact us at info@ashleyturner.org.
   • REFUNDS FOR YPS-300. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply the materials in the Program. Ashley Turner Inc. (“Company”) provides a 30-day grace period for the Program, which is governed by the following terms:

     In order to qualify for refund consideration, within 30 calendar days from the course start date, you must submit proof that you did the following assigned work and participated in the following required meetings and sessions, and yet the Program did not meet your needs or expectations:

     – You attended the full Peer Group Call for Month #1
     – You attended the full Mentor Group Call for Month #1
     – You attended the full day-long YPS-300 LIVE Immersion for Month #1
     – You have student taught at least one 10 min. meditation or 10 min. asana sequence (in your Peer or Mentor Group)
     – You have completed all lessons, worksheets and homework assignments for Module 1
     (hereinafter, collectively referred to as “Required Proof”).

     In the event that you decide your purchase was not the right decision, contact our support team at programs@AshleyTurner.org within 30 calendar days of course start date (no later than 11:59 EST on the 30th day), and let us know you’d like us to consider a refund and also include all of the Required Proof with your request.

     To be considered, you must include your Required Proof with your request for a refund. If you request a refund and do not include your Required Proof by the 30th day, your request will not be considered.

     All refunds are discretionary as determined by the Company. We will NOT consider refunds more than 30 calendar days following the course start date. After the 30th day, all payments are non-refundable and you are responsible for full payment of the fees for the Program even if you choose not to or are unable to participate in the Program.
     If you opted for a payment plan and you do not request a refund within 30 calendar days from course start date, you are required to complete the remaining payments of your payment plan.

     If outstanding payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
     Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

     If you receive a refund of any purchase from the Company, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

     If you have any questions, please contact our support team directly at: programs@AshleyTurner.org.

4. YOUR CONDUCT AND USE
   
   • PROHIBITED USES. You may use the Sites and Services only for lawful purposes and in accordance with these Terms of Use and Agreements. You agree not to use the Sites or Services:

• • • 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 others 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.
    • In any way that infringes upon the rights of others and the Company’s, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites and Services, or which, as determined by us, may harm or offend the Company or users of the Sites and Services or expose them to liability.

Additionally, you agree not to:

• • • Use the Sites or Services in any manner that could disable, overburden, damage, or impair the Sites or Services or interfere with any other party’s use of the Sites or Services, including their ability to engage in real time activities through the Sites or Services.
    • Use any robot, spider, or other automatic device, process, or means to access the Sites or Services for any purpose, including monitoring or copying any of the material on the Sites or Services.
    • Use any manual process to monitor or copy any of the material on the Sites or Services or for any other unauthorized purpose without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Sites or Services.
    • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
    • Take any action that may damage or falsify the Company, Sites or Services rating.
    • Otherwise attempt to interfere with the proper working of the Sites or Services.
  • USER CONTRIBUTIONS. The Sites and/or Services may contain comment areas and other interactive features that allow users to post, submit, publish, display, communicate or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Sites and/or Services.

Any User Contribution you share will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites and/or Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose. You represent and warrant that:

• • • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
    • All of your User Contributions do and will comply with these Terms of Use and Agreements.
    • Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor the Company’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites and/or Services.

• • MONITORING AND ENFORCEMENT. We have the right to:
    • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use or Agreements, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites and Services or the public, or could create liability for the Company.
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites and Services.
    • Terminate or suspend your access to all or part of the Sites and Services for any or no reason, including without limitation, any violation of these Terms of Use.
    • Terminate or suspend your account (and any related accounts) and your access to the Sites and Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services. We may refuse service to anyone, at any time, for any reason.

We do not undertake to review all material before it is posted on the Sites and Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites and Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

4. CUSTOMER FEEDBACK. You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, direct messages, discussions in forums, social media, video calls, coaching calls, or otherwise, for the purposes of marketing or promoting our Sites and Services.
5. RELEASE. You agree that the Company may use any images, audio recordings or video recordings of you obtained in the course of providing the Services to you or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
6. NO CONFIDENTIALITY. You understand that given the format of the Services, information provided or shared with other participants or Company, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
7. NO GUARANTEES OF RESULTS. The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and Services is a promise or guarantee to you of such results.
8. NOT SUBSTITUTE FOR MEDICAL OR HEALTH-RELATED TREATMENT. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICE(S) OR INFORMATION PROVIDED ON THE SITES ARE FOR YOUR INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR QUALIFIED MEDICAL, HEALTH, OR MENTAL-HEALTH ADVICE, DIAGNOSIS OR TREATMENT. YOUR USE OF THE SITES OR SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, PSYCHOLOGIST/PATIENT, PSYCHIATRIST/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF THE COMPANY, ASHLEY TURNER, OR THE COMPANY’S PERSONNEL. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR THROUGH THE SERVICES, YOU SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
9. DISCLAIMER. YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICEAND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
10. LIFETIME ACCESS. Any indication that you will have lifetime access to our Sites and/or Services is for the lifetime of that Site and/or Service. If for any reason, the Company should dissolve, cease to exist or otherwise retire any Site or Service, then your access to that Site or Service will terminate, without refund or liability on Company’s behalf, subject to us fulfilling our responsibilities to you based on acceptance of your payment.
11. INTELLECTUAL PROPERTY
    • COMPANY’S AND THIRD-PARTY LICENSED INTELLECTUAL PROPERTY. The Sites and/or Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, HTML/CSS, Javascript, other files, and the selection and arrangement thereof, also termed the “look and feel.” No right, title, or interest in or to the Sites or Services is transferred to you, and all rights not expressly granted are reserved by the Company. These Terms of Use permit you to use the Sites and/or Services for your personal, non-commercial use only, subject to the following restrictions:
      • You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Sites and/or Services, without liability or refund, if you are caught violating this intellectual property policy. We further reserve the right to purse all legal remedies.
      • You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites or Services.
      • You may not access or use for any commercial purposes any part of the Sites or any Services or materials available therein.
      • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites and/or Services in breach of the Terms of Use, your right to use the Sites and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• • TRADEMARKS. All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Use or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
  • REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT. Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify Company at info@ashleyturner.org. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.

12. LIMITATION OF LIABILITY. To the extent permitted by law, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE SITES OR SERVICES IT PROVIDES.
13. ERRORS, INACCURACIES, AND OMISSIONS. Information provided about or on the Sites and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness on the Sites and/or Services.
14. USE OF TESTIMONIALS AND REVIEWS. The Sites and/or Services may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Services.  Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information on our Sites and/or Services.
15. THIRD PARTY WEBSITES AND RESOURCES. We may share with you links or referrals to third party websites, resources, services or goods (“Third Party Resources”). We make no representation or warranties regarding the performance or quality of goods and services of Third Party Resources. Links or referrals to such Third Party Resources do not imply any endorsement by or affiliation us. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Resources.
16. AFFILIATE LINKS. From time to time, we may include affiliate links on our Sites and/or Services. This means that if you purchase an item using an affiliate link, we may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
17. INDEMNIFICATION. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of these Terms of Use, or any use by you of the Sites and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

18. TERM. These Terms of Use remains in full force and effect while you use our Sites and/or Services. All provisions of the Terms of Use shall survive termination by either party, including, without limitation, intellectual property, warranties, disclaimers, indemnity, and limitations of liability.
19. GOVERNING LAW. The Terms of Use shall be governed by the laws of the State of California.
20. DISPUTE RESOLUTION. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Use, by first trying to resolve the dispute with the help of a mutually agreed-upon mediator in Los Angeles, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within forty-five (45) calendar days after it is referred to the mediator, any party may take the matter to court. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
21. EFFECT OF HEADINGS. The subject headings of the paragraphs of the Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
22. ENTIRE AGREEMENT. These Agreements (i.e., this Terms of Use, along with the referenced Privacy Policy, any applicable Terms of Service, and any other written agreement that governs your use of our Sites and/or Services) constitute the entire agreement between you and the Company with respect to the Sites and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites and/or Services.
23. WAIVER. Company’s waiver of any of the provisions of these Terms of Use shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
24. SEVERABILITY. If any term, provision, covenant, or condition of the Terms of Use is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
25. ASSIGNMENT. These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
26. OUR PRIVACY POLICY. Please review our Privacy Policy located at https://ashleyturner.org/privacy-policy/.
27. CHANGED TERMS. We reserve the right to update any portion of our Sites and/or Services, including these Terms of Use at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Use on the Sites. Any use of the Sites and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Sites and list the effective dates on the pages of our Terms of Use.
28. HOW TO CONTACT US. If you have any questions about this Terms of Use, please contact us at: Ashley Turner, Inc.. 4088 Redwood Ave. Los Angeles, CA 90066 at info@ashleyturner.org.