PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Effective as of the date of subscription or enrollment.
This Terms of Use and Limited License Agreement (“Agreement”) is entered into by and between Feng Shui For Us, L.L.C., a Tennessee limited liability company owned and operated by Monica Castaneda (“Company,” “We,” “Us,” or “Our”), and you (“Member,” “User,” or “You”).
By enrolling in, purchasing, accessing, or participating in the Dream Home Lab membership program (“Program”), you agree to be legally bound by this Agreement.
ARTICLE I — DEFINITIONS
1.01 Defined Terms
For purposes of this Agreement:
(i) “Program” means the Dream Home Lab membership, including all digital content, educational materials, courses, live sessions, community spaces, downloadable resources, services, and related offerings provided by the Company.
(ii) “Company” means Feng Shui For Us, L.L.C., including its owners, instructors, employees, contractors, affiliates, agents, and representatives.
(iii) “Member” means any individual who purchases, enrolls in, accesses, or participates in the Program.
(iv) “Content” means all materials provided through the Program, including but not limited to videos, recordings, PDFs, worksheets, templates, educational teachings, graphics, written materials, audio materials, course structures, methodologies, and proprietary systems.
(v) “Website” means any website, portal, platform, membership area, application, or online community operated by or on behalf of the Company.
ARTICLE II — ACCEPTANCE OF TERMS
2.01 Electronic Acceptance
“Electronic Acceptance” includes any action indicating acceptance of this Agreement, including but not limited to selecting buttons such as “Agree,” “Join,” “Purchase,” “Enroll,” “Continue,” or accessing any portion of the Program or Website.
2.02 Binding Agreement
By electronically accepting this Agreement, Member acknowledges that Member has read, understood, and agreed to be legally bound by all terms contained herein.
2.03 Updates to Agreement
The Company reserves the right to modify or update this Agreement at any time in its sole discretion. Continued participation in the Program after updates constitutes acceptance of the revised terms.
ARTICLE III — PROGRAM ACCESS AND LICENSE
3.01 Grant of Limited License
Upon active enrollment and payment of applicable fees, the Company grants Member a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for personal, non-commercial purposes.
3.02 Restrictions
Member shall not:
(i) Copy, reproduce, distribute, republish, upload, transmit, sell, sublicense, or commercially exploit any Content;
(ii) Share login credentials or permit third-party access to the Program;
(iii) Record, duplicate, republish, or publicly distribute Program materials or live sessions;
(iv) Create derivative works based on Program Content for commercial or educational purposes;
(v) Use Program Content to create competing programs, memberships, courses, or services;
(vi) Remove copyright notices, trademarks, or proprietary markings from Content; or
(vii) Use the Program or Website in any unlawful or abusive manner.
3.03 Ownership
All Program Content remains the exclusive intellectual property of Feng Shui For Us, L.L.C. and Monica P. Castaneda. No ownership rights are transferred to Member under this Agreement.
3.04 Revocation of Access
Violation of this Article may result in immediate suspension or termination of Member access without refund.
ARTICLE IV — MEMBERSHIP STRUCTURE AND PROGRAM SERVICES
4.01 Program Components
The Program may include, without limitation:
(i) Educational courses and training materials;
(ii) Live or recorded educational sessions;
(iii) Group coaching calls;
(iv) Community discussion spaces;
(v) Worksheets, templates, and downloadable materials;
(vi) Feedback regarding Member-submitted home-related questions;
(vii) Supplemental digital or physical educational materials; and
(viii) Limited one-on-one support opportunities.
4.02 Program Modifications
The Company reserves the right, in its sole discretion, to modify, update, remove, replace, or discontinue any aspect of the Program at any time without liability.
4.03 Educational Purpose Only
The Program is intended solely for educational and informational purposes related to Feng Shui, decorating, home organization, beauty within the home, and related lifestyle topics.
4.04 No Professional Advice
The Company does not provide medical, psychological, legal, financial, architectural, therapeutic, or licensed professional advice.
4.05 No Guarantees
The Company makes no guarantees regarding outcomes, including but not limited to emotional, financial, relational, health, environmental, design, or lifestyle results.
ARTICLE V — ONE-ON-ONE SUPPORT
5.01 Availability
One-on-one meetings, direct feedback, personalized support, or private sessions with Moni are offered solely on a limited availability basis.
5.02 Scheduling Priority
All one-on-one support shall be:
(i) Subject to availability; and
(ii) Scheduled on a first come, first served basis.
5.03 No Guarantee
Enrollment in the Program does not guarantee access to any specific number of one-on-one sessions, responses, or individualized support opportunities.
ARTICLE VI — FEES, BILLING, CANCELLATION, AND REFUNDS
6.01 Subscription Structure
The Program may be offered on a recurring monthly or recurring annual subscription basis.
6.02 Authorization of Charges
By enrolling, Member authorizes the Company to charge the payment method provided according to the selected billing schedule until cancellation.
6.03 Payment Failure
If payment fails, is declined, disputed, reversed, or charged back, the Company may suspend or terminate access immediately until payment is resolved.
6.04 Cancellation
Member may cancel membership at any time through the designated cancellation process.
6.05 Effect of Cancellation
Upon cancellation:
(i) Access shall continue until the end of the current billing period; and
(ii) No future recurring charges shall be made following expiration of the active billing period.
6.06 No Refund Policy
All payments are non-refundable, including but not limited to:
(i) Partial billing periods;
(ii) Unused membership time;
(iii) Missed sessions or calls;
(iv) Dissatisfaction with outcomes; or
(v) Failure to utilize Program Content.
6.07 No Carryover, Pause, Extension, or Make-Up Access
The Program operates on a recurring subscription basis and access to the Program, Content, community spaces, support opportunities, live sessions, coaching calls, and membership benefits is provided only during the applicable active billing period.
Failure by Member to use the Program, access Content, attend live sessions, participate in the community, request feedback, utilize available support opportunities, or otherwise participate during any billing period shall not entitle Member to:
(i) Refunds or partial refunds;
(ii) Credits toward future membership periods;
(iii) Paused or suspended membership periods;
(iv) Extensions of access;
(v) Carryover of unused time, benefits, sessions, or support opportunities into future billing periods;
(vi) Make-up sessions, replacement sessions, or substitute services; or
(vii) Additional access or compensation of any kind.
All membership benefits, access rights, and support opportunities expire at the conclusion of the applicable billing period unless continued through an active paid subscription.
ARTICLE VII — MEMBER RESPONSIBILITIES
7.01 Assumption of Risk
Member acknowledges full responsibility for all decisions, actions, purchases, implementations, modifications, or changes arising from participation in the Program.
7.02 Voluntary Participation
All actions taken based upon Program Content are voluntary and undertaken solely at Member’s own discretion and risk.
7.03 Accurate Information
Member agrees to provide accurate registration and payment information and to maintain the confidentiality of login credentials.
7.04 Age Requirement
Member represents that Member is at least eighteen (18) years of age.
ARTICLE VIII — COMMUNITY STANDARDS
8.01 Respectful Participation
Member agrees to participate respectfully and professionally within all Program spaces, including community forums, group calls, chats, comments, and live sessions.
8.02 Prohibited Conduct
Member shall not engage in:
(i) Harassment, intimidation, or abuse;
(ii) Discrimination, hate speech, or defamatory conduct;
(iii) Spam, solicitation, or unauthorized promotion;
(iv) Disruptive, harmful, or unlawful behavior;
(v) Sharing private member information outside the Program; or
(vi) Conduct that negatively impacts the Program or its participants.
8.03 Enforcement
The Company reserves the right to remove content, suspend access, or terminate membership without refund for violations of this Article.
ARTICLE IX — USER CONTENT AND MEDIA RELEASE
9.01 User Content
“User Content” includes comments, photographs, videos, testimonials, submissions, questions, feedback, recordings, posts, or other materials shared by Member within the Program.
9.02 License to Use User Content
Member retains ownership of User Content but grants the Company a non-exclusive, worldwide, royalty-free, perpetual, transferable license to use, reproduce, display, distribute, modify, publish, and share such User Content for educational, promotional, marketing, business, or community purposes.
9.03 Recording Notice
Live sessions, coaching calls, workshops, and community interactions may be recorded.
9.04 Consent to Recording and Use
By participating in the Program, Member grants the Company the irrevocable right to record, use, reproduce, publish, distribute, and display Member’s name, likeness, voice, comments, participation, and submitted materials for educational, promotional, business, or marketing purposes without additional compensation.
9.05 Removal of Content
The Company reserves the right to remove User Content deemed inappropriate, offensive, unlawful, disruptive, or inconsistent with the values or purpose of the Program.
ARTICLE X — PRIVACY AND CONFIDENTIALITY
10.01 Limited Confidentiality
The Company will take commercially reasonable measures to protect Member personal information; however, confidentiality cannot be guaranteed in community, group, or online settings.
10.02 Community Privacy
Member agrees not to share private discussions, screenshots, recordings, personal stories, or confidential information relating to other members outside the Program without permission.
ARTICLE XI — DISCLAIMERS AND LIMITATION OF LIABILITY
11.01 Participation at Own Risk
Member acknowledges and agrees that participation in the Program and reliance upon any Content is solely at Member’s own risk.
11.02 No Liability for Decisions or Outcomes
The Company shall not be responsible or liable for any decisions, actions, outcomes, purchases, home modifications, decorating changes, lifestyle changes, property changes, emotional impacts, or personal circumstances arising from Member’s use or interpretation of Program Content.
11.03 No Warranties
The Program and all Content are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.04 Exclusion of Damages
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or emotional distress damages, including but not limited to loss of profits, loss of data, property damage, or personal injury arising out of participation in the Program.
11.05 Maximum Liability Cap
In no event shall the total aggregate liability of the Company exceed ONE HUNDRED DOLLARS (USD $100.00), regardless of the nature of the claim or amount paid by Member.
11.06 No Reliance
Member acknowledges that no statement, recommendation, or guidance provided through the Program constitutes a guarantee or promise of specific results.
ARTICLE XII — INDEMNIFICATION
12.01 Indemnification
Member agrees to indemnify, defend, and hold harmless the Company and its owners, employees, instructors, contractors, affiliates, agents, and representatives from and against any and all claims, damages, liabilities, losses, costs, expenses, or attorneys’ fees arising out of:
(i) Member’s violation of this Agreement;
(ii) Member’s misuse of the Program or Content;
(iii) Member’s infringement of third-party rights; or
(iv) Any User Content submitted by Member.
ARTICLE XIII — TERMINATION
13.01 Termination by Company
The Company may suspend or terminate Member access at any time, with or without notice, for violation of this Agreement or conduct deemed harmful to the Program, Company, or participants.
13.02 Effect of Termination
Upon termination:
(i) All licenses granted under this Agreement shall immediately cease; and
(ii) Member shall immediately discontinue use of all Program Content.
13.03 Survival
Articles relating to intellectual property, limitation of liability, indemnification, confidentiality, governing law, and payment obligations shall survive termination.
ARTICLE XIV — GOVERNING LAW
14.01 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict of law principles.
14.02 Jurisdiction
Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Tennessee.
ARTICLE XV — MISCELLANEOUS
15.01 Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the Program and supersedes all prior oral or written agreements, representations, or understandings.
15.02 Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.03 No Waiver
Failure by the Company to enforce any provision shall not constitute a waiver of that provision.
15.04 Assignment
Member may not assign or transfer any rights under this Agreement without prior written consent from the Company.
15.05 Attorneys’ Fees
In any action arising under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs where permitted by law.
15.06 Notices
Notices to the Company shall be sent to:
Feng Shui For Us, L.L.C.
Monica Castaneda
monica@fengshuiforus.com
7786 Emory Chase Ln
Knoxville, TN 37918
ARTICLE XVI — ACCEPTANCE
By enrolling in, purchasing, accessing, or participating in the Dream Home Lab Program, Member acknowledges that Member has read, understood, and agreed to be bound by this Agreement in its entirety.