Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Heather (Avery) Thatcher’s Website and Becoming Avery Community and Programs.
Heather (Avery) Thatcher is located at: PO Box 38044 Country Hills Calgary Alberta Canada T3K5G9
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Heather (Avery) Thatcher’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Heather (Avery) Thatcher and/or it’s licensors own the intellectual property rights for all material on Becoming Avery and the Flow State. All intellectual property rights are reserved. You may view and/or print pages from https://www.becomingavery.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://www.becomingavery.com
- Sell, rent or sub-license material from https://www.becomingavery.com
- Reproduce, duplicate or copy material from https://www.becomingavery.com
You must not redistribute content from Heather (Avery) Thatcher’s website or membership site (unless content is specifically made for redistribution).
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Heather (Avery) Thatcher does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Heather (Avery) Thatcher, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Heather (Avery) Thatcher shall not be responsible or liable for the Comments or for any loss cost, 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.
- Heather (Avery) Thatcher reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Heather (Avery) Thatcher a non-exclusive royalty-free 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.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same
manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Heather (Avery) Thatcher’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.
You are granted a fully revokable license to use the materials (information or software) on Heather (Avery) Thatcher’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Heather (Avery) Thatcher’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Heather (Avery) Thatcher at any time. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By accessing this site, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this website or services in any manner that violates this agreement or any local, state, federal, or international laws.
Membership Site Terms and Conduct
Upon joining, you will be given access to a members’ only area via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this program and will not sell any of its content without written permission.
Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Refund and Return Policy
Due to the digital nature of our products and services, we DO NOT offer any refund or returns for any products or services sold on our website for any reason.
Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If you have any questions about our Refund and Return Policy, please send an email to email@example.com and we will be happy to assist you.
We offer a 90-day Conditional Guarantee on our purchased group coaching programs. We do not offer refunds.
To request consideration for the Guarantee, Clients are required to complete the entire program including all audio lessons and worksheets, attend a complimentary one-on-one call, and submit a Debrief after completion of the full Mindset Reboot Program.
Please note: All returns and refunds are discretionary as determined by Heather (Avery) Thatcher. If you have any questions, contact us at firstname.lastname@example.org.
As mentioned above, all returns are discretionary. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn’t work, they can get their money back. It wasn’t designed to enable people to steal the Training Material.
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
For members who joined on a monthly “cancel any time” payment plan, the monthly membership is an ongoing, recurring, subscription to the Flow State membership community. By joining as a monthly “cancel any time” member, you understand that the credit card information you provide upon registration will be charged each month on your monthly subscription anniversary date until you or we cancel your membership.
All membership purchases are final and no refunds for the month of purchase will be given.
All program purchases are final and subject to a conditional guarantee.
You also understand that you are responsible for any missed or failed payments due to cancelled, changed, or altered payment information that you do not provide to us. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be cancelled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership.
If you wish to cancel your membership, you must do so using the settings found in “Your profile” or by contacting email@example.com. If you do not wish to maintain a recurring monthly membership but would still like to access the Flow State, please register for an annual or lifetime membership.
All memberships are recurring monthly subscriptions unless otherwise stated.
You represent and warrant that when making purchases from Heather (Avery) Thatcher that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
When you join the Flow State, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).
You hereby authorize Heather (Avery) Thatcher, becomingavery.com and the Flow State to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All charges are in USD. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Termination of Membership
For members who joined on a monthly “cancel any time” payment plan, you may terminate your membership with us at any time for any reason using the settings found in “Your Account.” Your membership with us is effective until terminated by you or us. Your rights found within these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.
Free Trial – a free trial membership is valid for a pre-determined amount of time. Free trial members are still bound by these terms and conditions. To begin a free trial, members must provide payment information. At the end of the free trial period, a monthly membership will automatically begin. Member may terminate their membership – by following all guidelines outlined in the Termination of Membership section of these terms and conditions – before or after their trial ends. There are no refunds given for free trials or monthly dues that are automatically drafted at the end of a free trial.
Monthly “Cancel Any Time” – a monthly membership is valid for 30 days from the date you join and automatically renews each month on your original subscription date. You may cancel your membership at any time in your member account area. You will continue to have access until your monthly membership subscription anniversary date.
Annual – an annual membership is valid for 365 days from the date you join. You may enroll with an annual membership and pay in full when joining or make a monthly payment.
Lifetime – a lifetime membership is valid for the life of this product. Heather (Avery) Thatcher reserves the right to discontinue any product or service at any time for any reason. Your membership continues in perpetuity until this product is discontinued or disabled.
One-on-one Client Work
No refunds will be given for one-on-one client work. If you have entered into a Pinterest Marketing Management contract or One-on-One Coaching contract, you are agreeing to be responsible for the completion of all payment plans associated with products you purchase. We reserve the right to seek recover of any monies remaining unpaid via our Collection Agency.
The materials on Heather (Avery) Thatcher’s website are provided on an ‘as is’ basis. Heather (Avery) Thatcher makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Heather (Avery) Thatcher does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Where applicable, this membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.
In no event shall Heather (Avery) Thatcher or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Heather (Avery) Thatcher’s website, even if Heather (Avery) Thatcher or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on Heather (Avery) Thatcher’s website could include technical, typographical, or photographic errors. Heather (Avery) Thatcher does not warrant that any of the materials on its website are accurate, complete or current. Heather (Avery) Thatcher may make changes to the materials contained on its website at any time without notice. However Heather (Avery) Thatcher does not make any commitment to update the materials.
Heather (Avery) Thatcher has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Heather (Avery) Thatcher of the site. Use of any such linked website is at the user’s own risk.
Heather (Avery) Thatcher may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
You may contact us at anytime via email by emailing firstname.lastname@example.org
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Heather (Avery) Thatcher with respect to this web site and supersedes all prior or contemporaneous communications between you and Heather (Avery) Thatcher with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Credit & Contact Information
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