Terms and conditions
Thank you for your interest in retaining Wanderlust Findings, LLC for your metaphysical needs, intuitive and/or psychic work. You understand that your relationship with Wanderlust Findings, LLC is governed by the terms and conditions set forth in this Agreement. You understand, accept, and agree to be bound the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the above promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You agree to the following terms and conditions;
TERMS & CONDITIONS
1. Definitions. For purposes of this Service Agreement (“Agreement”) the following definitions apply:
A. Wanderlust Findings, LLC refers to and include Wanderlust Findings, LLC, its principals, officers, shareholders, directors, independent contractors or consultants, representatives, employees, agents, licensors, successors and assigns, and any parent or subsidiary company.
B. You, you or Customer refers to you, the person who signs and dates this Agreement.
C. Agreement refers to this Service Agreement between You and Wanderlust Findings, LLC.
D. Parties refer to and include Wanderlust Findings, LLC and You.
2. Services. Generally, for information purposes only, Wanderlust Findings, LLC provides the following:
• Crystals/Metaphysical Tools and uses
• Clairvoyant Readings, Angel Readings
• Past Life Access
• Spiritual Guidance and Spiritual Mentoring
• Life Guidance based on all types of Readings
• Communication with past loved ones
• Group Events, Speaking Engagements, and Presentations
• Courses and Classes
The specific services provided to you are set forth in a separate Schedule of Services and Fees signed by You and Wanderlust Findings, LLC and are referred to as “Your Services” throughout this Agreement. The Schedule or Services and Your Services are subject to the terms and conditions of this Agreement. Should you retain Wanderlust Findings, LLC for additional services in the future, You and Wanderlust Findings, LLC will complete and sign another Schedule of Services. Every Schedule of Service incorporates this Agreement and is subject to its terms and conditions. Although Wanderlust Findings, LLC prides itself on its honesty, integrity, and caring psychics, Wanderlust Findings, LLC strongly suggests that You accept any and all information given to you by it in a strictly metaphysical nature only. You understand that all services are for entertainment purposes only.
3. Services NOT Provided. You understand that Wanderlust Findings, LLC’s services do NOT include, and Wanderlust Fingings, LLC does NOT provide any employment, business, financial, legal, emotional, spiritual, mental, psychological, faintly, medical or other specialized services or advice. You understand that Wanderlust Findings, LLC is not a substitute for any such services or advice. For any such matter you should seek advice from the relevant qualified expert. Wanderlust Findings, LLC does not read for minors without signed authorization from a legal parent or guardian. If you need a release of liability and acknowledgement form for minors, one will be provided for you. All decisions and actions concerning such matters are yours alone and your responsibility.
4. No Guarantee of Outcome or Success: Although Wanderlust Findings, LLC will use its best efforts to provide services to You, you understand that Wanderlust Findings, LLC obviously cannot guarantee success, any particular outcome, or provide any warranties, express or implied of any kind. Your payment of Wanderlust Findings, LLC’s fees is not contingent upon the outcome of Wanderlust Findings, LLC’s services or the results obtained.
5. Staffing: Primary responsibility for Your Services will initially be assumed by Wanderlust Findings, LLC President/CEO of Wanderlust Findings, LLC However. Wanderlust Findings, LLC, at its sole discretion, may assign work in connection with Your Services to other internal employees, agents, or outside consultants or contractors of Wanderlust Findings, LLC.
6. No Refunds: Payment is required at the time You schedule your appointment. Once payment is made, there are no refunds. However, you may re-schedule your appointment without incurring additional fees as long as you re-schedule at least two (2) days before your scheduled appointment time. If You do not re-schedule within this two-day period, Your initial payment will not be refunded and you must pay additional fees for any re-scheduled appointment.
There are no refunds or reimbursements of any kind regardless of circumstance for tangible items sold by Wanderlust Findings, LLC on any platforms Wanderlust Findings, LLC operates on or under.
7. "DISCLAIMER OF WARRANTIES — READ CAREFULLY. The information and services provided through Wanderlust Findings, LLC is for guidance only. Nothing is 100% set in stone. What you choose to do with the information, including any actions you take, is your own personal responsibility and choice. All services and questions answered should NOT be regarded as employment, business, financial, legal, emotional, spiritual, mental, psychological, family, or medical fact or advice and you alone are responsible for your own interpretation and judgment. Due to differing opinions regarding psychic abilities, all services are offered for entertainment purposes only.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WANDERLUST FINDINGS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHE HER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROV DED IN THIS AGREEMENT, WANDERLUST FINDINGS, LLC MAKES NO WARRANTY THAT (I) THE RESULTS THA MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (II) THE QUALITY OF A Y PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU FROM WANDERLUST FINDINGS, LLC WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRIT EN, OBTAINED BY YOU FROM WANDERLUST FINDINGS, LLC SHALL CREATE ANY WARRANTY NOT EXPRESSL STATED IN THIS AGREEMENT. THERE ARE SIMPLY NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND FOR THE SERVICES OR PRODUCTS, IF ANY, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
8. LIMITATION OF LIABALITY & DAMAGES. Not Incidental Damages and/or No Aggregate Liability. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WANDERLUST FINDINGS, LLC, INCLUDING
ITS OWNERS, OFFICERS, PRINCPALS, DIRECTORS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES ARISING OUT OF RELATING TO YOUR USE OF WANDERLUST FINDINGS, LLC’S SERVICES. WITHOUT LIMITING THE GENERALITY AND EXPANSIVENESS OF THE FOREGOING, THIS LIMITATION DF LIABILITY AND DAMAGES APPLIES TO ALL CLAIMS, CONTROVERSIES, 'OR DISPUTES INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATING TO (I) WANDERLUST FINDINGS, LLC’S SERVICES OR YOUR SERVICES IN WAY (II) AS A PUBLISHER OF INFORMATION, (III) IF APPLICABLE, AS A RESELLER OF ANY PRODUCTS OR SERVICES, IF APPLICABLE (IV) IF ANY PRODUCTS ARE SOLD OR PROVIDED, FOR ANY DE ECTIVE PRODUCTS, (V) FOR ANY INCORRECT OR INACCURATE INFORMATION, (VI) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, AND/OR (VII) THIS AGREEMENT. THIS LIMITATION ON LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY , TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR UNDER ANY LEGAL THEORY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF AN INDIVIDUAL ADVISES WANDERLUST FINDINGS, LLC OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND ENTI MAXIMUM LIABILITY OF WANDERLUST FINDINGS, LLC, INCLUDING ANY OF ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, AGENTS, EMPLOYEES, CONSULTANTS, SUCCESSORS, OR ASSIGNS, FOR ANY REASON, AND YO R SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY SERVICE OR PRODUCT SOLD BY WANDERLUST FINDINGS, LLC UNDER THIS AGREEMENT, OR, IF YOU NOT HAVE PAID WANDERLUST FINDINGS, LLC FOR ITS SERVICES OR PRODUCTS, THE AMOUNT OF US $25.00. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WANDERLUST FINDINGS, LLC AND YOU. THE SERVICES AND/OR PRODUCTS OFFERED BY AND THROUGH THIS AGREEMENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
9. No Liability for NON- Wanderlust Findings, LLC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN TO EVENT WILL WANDERLUST FINDINGS, LLC. INCLUDING ITS OWNERS, OFFICERS, PRINCPALS, DIRECTORS, AGENTS, EMPLOYEES, CONSULTANTS, CONTRACTORS, SUCCESSORS, OR ASSIGN S, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENREAL. SPECIAL, COMPENSATORY", CONSEQUENTIAL, INCCIDENTAL, BODILY INJURY, EMOTIONAL DH PRESS, OR PUNITIVES, ARISING OUT OF RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF WANDERLUST FINDING’S SERVICES AND/OR PRODUCTS. YOU AGREE THAT DEBORAH GRAHA M, 1VC., INCLUDING ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, SUCCESSORS OR ASSIGN S, IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHERS EVEN IF SUCH ACT/OUR MISSION CONSTITUTES .4 CRIME OR TORTOURIOUS CONDUCT GIVING RISE TO CLAIMS OR CAUSING INJURY TO YOU. AS SUCH, WANDERLUST FINDINGS, LLC IS NOT LIABLE FOR, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR ACTS AND/OR OMISSIONS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS TN YOUR JURISDICTION.
10. Indemnification. You agree to defend, indemnify, and hold Wanderlust Findings, LLC harmless from and against any claims, actions or demands, liabilities and settlements including without limitation reasonable legal fees and related fees and costs, resulting from, or alleged to result from, (1) your breach or violation of this Agreement and any written and signed Schedules thereto, (2) your failure to provide accurate, complete and current personally identifiable information requested or required by Wanderlust Findings, LLC (3) your use of Wanderlust FindingsLLC’s Services, including without limitation your interpretation of any information provided through Your Services or any act or decision you made in connection with the Services and/or information provided through Your Services; (4) any personal injury or property damage caused by You; and/or (5) Your violation of any applicable laws, rules or regulations, Without limiting the foregoing agreement to indemnify, Wanderlust Findings, LLC reserves the right, but does not have to, at its one costs to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will fully cooperate with Wanderlust Findings, LLC in asserting available defenses.
11. Non-Disclosure of Confidential Information.
A. “Confidential Information” means certain valuable information, whether written, oral, magnetic, photographic, electronically created and/or stored, or in other form, tangible or intangible, that belongs to, is used by, or that is in the possession of Wanderlust Findings, LLC and that relate to Wanderlust Findings, LLC’s services. Your Services, marketing, marketing plans, business and consultation strategies, independent contractors, development plans, concepts, ideas or designs, services, strategies, pricing, sales, clients and customers, customer or client lists or data, exclusive providers, collaborative partners, representatives, programs, finances, financial data, costs, compensation, developmental plans, computer software (including all operating system and systems application software and source code), computer apps or tools, business plans, products, materials, technology, inventions, processes, formulas, product specifications, technical information, engineering, present and future projects or products (including but not limited to concepts and materials relating to such projects or products). Supplier lists and other supplier data, developments, know-how, methodologies, techniques, discoveries, trade secrets, and research. all of which Wanderlust Findings, LLC deems confidential and not intended to be disseminated to the public or other persons or entities in Wanderlust Findings, LLC’s trade or business. and not generally known to the public or Wanderlust Findings, LLC’s competitors. It is understood by the Parties that such Confidential information includes, without limitation, any and all information which gives Wanderlust Findings, LLC an advantage over competitors who do not know or use such information. B. Non-Disclosure of Confidential Information of Wanderlust Findings, LLC. Wanderlust Findings, LLC takes efforts to preserve the confidentiality of its Confidential Information. In some instances, as part of Your Services, Wanderlust Findings, LLC may share some Confidential Information with You. You acknowledge that You may, now or in the future, have access to Confidential Information. You understand that Confidential Information may be contained in written materials, written or verbal communications, or in Your mind — and that such information is confidential regardless of the manner in which You obtain it or store it. You also acknowledge and understand that Wanderlust Findings, LLC’s Confidential Information is an asset to it. Accordingly, You agree that You shall at times during your receipt of any of Your Services or engagement with Wanderlust Findings, LLC, and thereafter, hold all Confidential Information in the strictest confidence, and will not duplicate, transmit by any method, of use Confidential Information in any manner, or directly or indirectly disclose it to any third party (even in the course of casual discussions) except upon the express written request or unless compelled to do so by court order or the law. If You are unsure whether any information of Confidential Information or within general public knowledge, You will keep said information confidential and not disclose to, or discuss with, any other person or entity and will sects written clarification from Wanderlust Findings, LLC as how to treat said information. You understand and acknowledge that your agreement and assent to the confidential provisions of this Agreement is a material inducement of Wanderlust Findings, LLC to provide Your Services to you or otherwise be engaged by You. C. Non-Disclosure of Confidential Information of Individual Jillian Nahman in Particular. You shall hold in the strictest confidence, and shall not duplicate, transmit by any method, use in any manner, directly or indirectly disclose (or confirm or deny the veracity of) any event, fact or allegation, circumstance, issue, rumor, occurrence, or other item or matter of any mind, that pertain directly or indirectly to (A) Jillian Nahman (‘“Ms. Nahman, Mrs. Nahman”); (B) her family, relations or intimate acquaintances; (C) her businesses, professional and personal activities and relationships, finances or investments; and/or (D) other matters relating to her life, including but not limited to any pictures, recordings in any medium (or transcripts or descriptions thereof), records and documents — except upon the written request or express written consent of Ms. Nahman or her current talent agents, personal manager, or attorney. (All such information and material — which may or may not also constitute Confidential Information - is referred to as the all items with words of Wanderlust Findings, LLC Wanderlust Findings, and Jillian Nahman etc). You acknowledge that all Wanderlust Findings, LLC Information may be contained in written materials, written or verbal communications, or in your mind — and that such information is confidential regardless of the manner in which you obtain it and store it). Without limiting the generality of the foregoing, You agree that you shall not --- except upon the express written request or written consent of Ms. Nahman or her current personal managers, or attorneys: (I) discuss, disclose or otherwise communicate any Wanderlust Findings, LLC information to or with the media, or any other person or entity; (ii) give any interviews, make any statements (written or verbal). give any speeches or lectures, and/or answer or make any comments with respect to any questions or other inquiries regarding Wanderlust Findings LLC information or which would divulge any Wanderlust Findings LLC information; (iii) prepare or assist anyone in the preparation of any books, articles, news reports, televisions or motion picture productions, or other creations (in whatever medium), that directly or indirectly, or by implication or reference, concerns, relates to, of involves the Wanderlust Findings LLC information (including but not limited to any information or material that concerts any person, whether fictional or not, whom a member of the general public could reasonably construe as associated with Ms. Nahman, her family, relations or intimate acquaintances (collectively referred to as Wanderlust Gatherings) — regardless of whether or not there was a disclaimer to disassociate any such fictitious person(s) with them). You understand and acknowledge that maintaining the confidence of Wanderlust Findings LLC information (or, deciding if, when and how to release Wanderlust Findings LLC information, and the manner in which it is done) is critically important to each Ms. Nahman and Wanderlust Findings, LLC and that each of those Parties has valuable commercial interests in controlling Wanderlust Findings LLC information given Ms. Nahman’s highly public persona and the great value to her and the other Wanderlust Gatherings established goodwill; and accordingly. Your agreement and consent to these confidential provisions of this Agreement is a material inducement of Wanderlust Findings, LLC to provide Your Services to you or otherwise be engaged by You. D. Disclosures Recurred By Law. Nothing in this Non-Disclosure Agreement will prevent You from disclosing any of the Confidential Information if required by law upon a court order or subpoena. lf You are required by law to disclose Confidential information, as soon as You are notified of the legally required disclosure (such as subpoena or court order) and prior to disclosing any Confidential Information, You shall immediately notify Wanderlust Findings, LLC in writing of the legally required disclosure so, that prior to your legally required disclosure, Wanderlust Findings, LLC may take appropriate legal action to protect its Confidential Information and prevent its disclosure. E. No time, geographical, or territorial restrictions: This Non-Disclosure of Confidential Information does not have any time, geographical, or territorial restrictions. Except for Disclosures Required by Law, You must keep all Confidential Information confidential and must not disclose any Confidential Information at all times.
12. Intellectual Property. As between You and Wanderlust Findings, LLC, You agree that Confidential Information and all Wanderlust Findings, LLC information shall remain the sole exclusive property of Wanderlust Findings, LLC, Jillian Nahman, individually, or their designees, as they may determine amongst themselves. It is understood that the term “Intellectual Property Rights” as used herein, shall mean all copyrights, trademarks, and service marks, trade secrets, patents, patent applications, contract rights, know-how and other proprietary rights, including without limitation all rights considered “moral rights,” whether existing now or in the future, throughout the world which belong to either Party. You acknowledge that any threatened or actual breach or infringement of any kind of Intellectual Property Rights or other proprietary rights of Wanderlust Findings, LLC or Jillian Nahman. Individually, and/or or Confidential Information or Wanderlust Findings, LLC written information by You will constitute immediate, irreparable harm. For which equitable remedies may be awarded by a court of competent jurisdiction.
13. Non-Disparagement. As a material condition of Wanderlust Findings, LLC’s agreement to provide Your Services to You, You shall not, in any communications in any media or public forum of any kind (including without limitation social media pages. websites, or online communities, etc.) and/or in any communications to any third persons criticize, ridicule or make any statement which disparages, is derogatory of, or inimical to Wanderlust Findings, LLC, Wanderlust Findings, LLC’s services, any of Wanderlust Findings, LLC’s present, former or future officers, principals, directors, employees, agents, and/or affiliates, Jillian Nahman, or any of Wanderlust Gatherings. Without limiting the generality of the foregoing, You agree that You shall not, at any time, make any statements, written or verbal, or cause or encou7age others to ma1ce any such statements, that: (A) defame or disparage Wanderlust Findings, LLC, Ms. Nahman, or any of Wanderlust Gatherings; or (B) that are likely to be harmful to professional reputations of Wanderlust Findings, LLC, or the professional or personal reputation of Ms. Nahman and/or any of Wanderlust Gatherings.
14. Liquidated Damages for Violations of Confidentiality and Non-Disparagement Provisions. You acknowledge and agree that, given Jillian Nahman’s public persona, and the great value to her and Wanderlust Findings, LLC’s established goodwill, Wanderlust Findings, LLC and Jillian Nahman, individually, would be irreparably harmed by any violation of the confidentiality provisions and/or the non-disparagement provision in this Agreement, and that it would be impracticable and extremely difficult to ascertain the amount of damages caused by You breach of them. Thus, if You are found to have materially breached either or both of those provisions, You agree to pay, as liquidated damages, to Wanderlust Findings, LLC, the sum of Three Million Dollars (US $3,000,000), plus any other sums (including but not limited to all monies You received by or paid to You, in any way, by, through or in connection with Your violation of these provisions and attorneys’ fees) recoverable by them under this Agreement or otherwise.
15. Rights to Injunctive Relief. You acknowledge that your breach of the non-disclosure, confidentiality, intellectual property and/or non-disparagement provisions in this Agreement would cause irreparable injury, including (as to the latter) a loss of goodwill and harm to reputation — and that money damages, even if available, will not be an adequate remedy to compensate Wanderlust Findings, LLC or Jillian Nahman, individually, concerned. Thus, You agree that in the event of your actual or threatened breach of those provisions, Wanderlust Findings, LLC shall have. in addition to any other remedies, the right to injunctive or other equitable relief, without the obligation to show actual harm and without posting a bond or undertaking.
16. RESOLUTION OF DISPUTES & AGREEMENT TO ARBITRATE: You and Wanderlust Findings, LLC agree that any claim, controversy or dispute arising out of or related to Your Services and/or this Agreement (collectively referred to as “Disputes”) shall be determined by final and binding arbitration instead of suing one other in court. Furthermore, You and Wanderlust Findings, LLC are committed to resolving Disputes in an amicable and professional manner; and therefore, before either Party may proceed to arbitration, the Parties must take the following steps to resolve any such dispute in the order set forth as follows: A. Informal Discussions: Within ten (10) Business Days of the non-complaining party’s receipt of a written request (via email is fine) from the complaining party, both parties agree to have an informal discussion in person or by video telephone conference via Zoom or other means. You understand that Wanderlust Findings, LLC will designate, in its sole discretion, who will conduct this face to face or video telephone conference on its behalf. B. Use of Collaborative Law Process or Mediation. If the informal face to face discussion or video telephone discussion do not resolve the dispute, the Parties agree to either initiate a Collaborative Law Process or schedule a mediation within ten (10) Business Days of the initial complaint. The first collaborative team meeting or mediation must take place within 30 Days of the initiating the Collaborative Law Process or scheduling the mediation. (Collaborative Law Practice is a voluntary dispute resolution process in which parties strive to settle their differences without resort to litigation. For more information see the website for the International Academy of Collaborative Law Professionals at http./ wim.col1aborative0ractice.com.) Should the Parties decide to engage in the Collaborative Law Process, (1) each Party must enter into a written Collaborative Law Process Agreement, and (2) each Party agrees that the applicable statutes of limitations for any claims addressed in the Collaborative Law Process are tolled during the pendency of the Collaborative Law Process. If both Parties do not agree to the Collaborative Process, then the Parties must attend mediation. Each Parry will be responsible for its own fees or costs associated with the Collaborative Law Process and one-half the fees of the collaborative facilitator, or one-half the costs of mediation. Including the mediator’s fees. C. AGREEMENT FOR ARBITRATION: Except as set forth in sub-paragraph (D) below, only after the Parties completed, in good faith, the steps outlined above in sub-paragraphs (A)-(B) may either Party proceed with arbitration. You agree that all such Disputes, including any determinations of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration heard and administered by the American Arbitration Association in Augusta Georgia before a panel of one arbitrator selected and agreed by both parties (or, if requested by any Party prior to the time allowed for the selection of arbitrators. a panel of three). It shall be administered pursuant to the American Arbitration Association’s rules and procedures. Judgment on the award of the arbitrators may be entered in any court having jurisdiction. This paragraph shall not preclude the Parties from seeking provisional remedies in aid of arbitration for a court of competent jurisdiction, and for such purposes, You hereby irrevocably submit to the personal jurisdiction of the State and Federal Courts sitting in Richmond County, Georgia and waive all objections to such jurisdiction and venue. The Parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits , or except as may be necessary in connection with a court applicant for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision; provided that the party filing the Agreement shall use all available efforts to file it under seal. No Class Actions. YOU AND WANDERLUST FINDINGS, LLC. ACKNOWLEDGE THAT NEITHER ONE OF YOU WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CODE ECTION WITH ANY DISPUTE WITH THE OTHER P ARTY. Further, neither you nor Wanderlust Findings, LLC agrees to class arbitration or any arbitration where a person brings a dispute as representative of other person(s). YOU AND WANDERLUST FINDINGS, LLC AGREE THAT YOU ARE BOTH GIVING UP THE RIGHT TO GO TO COURT IN CONNECTION WITH DISPUTES AND THAT YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR. NOT A JUDGE OR JURY.
If any provision of this RESOLUTION OF DISPUTES & AGREEMENT TO ARBITRATE provision is found to be illegal or unenforceable, it shall be deemed stricken and the remaining provisions shall be enforced to the greatest extent allowed by law. If any provision is found overbroad or unreasonable, it shall be given effect to the greatest extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. D. Claims to Enforce Restrictive Covenants: If Wanderlust Findings, LLC suspects for any reason that You are engaging in any act that breaches any of the Confidentiality, Non-Disclosure, Non-Disparagement and/or Intellectual Property provisions contained in this Agreement or that any such act is imminent, Wanderlust Findings, LLC may skip the above dispute resolution steps and proceed directly with, at its election, arbitration or a formal lawsuit. However, if Wanderlust Findings, LLC opts to follow the steps outlined above in Paragraphs the above-sub-paragraphs (A)-(B), the Parties agree that doing so does not waive any of Wanderlust Findings, LLC’s claims, does not waive or lessen Wanderlust Findings, LLC’s ability to prove irreparable harm, and does not constitute a defense of any kind for You. E. Failure to Follow Dispute Resolution Steps. If a Party fails to follow the dispute resolution procedures above, that Party will be responsible to pay, as liquidated damages, to the other Party, $500.00 per day for every day that the Pay fails to follow the above-specified steps. This liquidated damage is related solely to the failure to follow the dispute resolution process and is in addition to any other damages or equitable relief available to either Party.
17. Governing Law: This Consulting Agreement and the rights and duties of the Parties hereunder are governed by the laws of the State of Nevada.
18. General Provisions. A. Conflicts and Survival. You understand that the terms and conditions of this Agreement are in addition to, and not in replace of, the Terms of Use on Wanderlust Findings, LLC’s website and any other written agreement signed by You and Wanderlust Findings, LLC and You agree that if there is a conflict between them, the provisions of the agreement affording greater protections and grants of rights to Wanderlust Findings, LLC shall control, except as otherwise may be expressly agreed by Wanderlust Findings, LLC in writing. You also agree that your covenants, representations and warranties under this Agreement shall survive the expiration or termination of Your Services or your engagement of Wanderlust Findings, LLC or Jillian Nahman, individually. Notwithstanding the foregoing, You understand that Your assent to this provision is a condition of, but shall not be deemed to establish Your rights to, Your Services with Wanderlust Findings, LLC, and/or Your engagement or continued engagement of Wanderlust Findings, LLC. B. No Verbal Agreements. You understand that this Agreement supersedes and preempts any prior verbal understandings, agreements, or representations between the Parties. C. Written Amendments Only. No change or modification of this Agreement will be binding unless signed by the duly authorized representative(s) of Wanderlust Findings, LLC No course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect its validity, binding effect, or enforceability. D. No Waiver. The failure of Wanderlust Findings, LLC to enforce any provision of this Agreement shall not operate as a waiver in that or any other instance. E. Severability, should any provision is found to be illegal or unenforceable, it shall be deemed stricken and the remaining provisions shall be enforced to the greatest extent allowed by law. If any provision is found overbroad or unreasonable, it shall be given effect to the greatest extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. F. Successors and Assigns. This Agreement shall be binding upon You and your heirs and successors, and shall inure to the benefit of Wanderlust Findings, LLC and its respective heirs, successors and assigns. The Agreement is personal to You; as such, You cannot assign your rights or obligations under this Agreement to any third person or entity without express written approval by Wanderlust Findings, LLC G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall be considered one and the same agreement. Scanned and/or faxed copies of this Agreement shall have the same force as an original. H. No Strict Construction. The language used in this Consulting Agreement is the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against any party. I. Headings. The section headings herein are for reference purposes only and are not intended in any way to describe, interpret, define or limit the extent or intent of this Agreement or any part hereof.
19. Representations and Warranties. You represent and warrant that: (A) You are 18 years of age or older and have the full right and power to enter into this Agreement; (B) You understand the terms and conditions set forth in this Agreement; (C) You understand that Your Services are for entertainment purposes only and do NOT include any employment, business, financial, legal, emotional, spiritual, mental, psychological, family, medical or any other specialized services and that Wanderlust Findings, LLC is not a substitute for any such services or advice; (D) You are responsible for your own decisions; (D) You are not relying on any statement, representation, promise or inducement not set forth in it; and (E) You are agreeing voluntarily and of your own free will.
The Wanderlust Findings, LLC website and the original content, features and functionality are and will remain the exclusive property of WANDERLUST FINDINGS, LLC and its licensors. The Wanderlust Findings, LLC website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection without the prior written consent of WANDERLUST FINDINGS, LLC.
Availability, Errors and Inaccuracies
We are constantly updating merchandise, services and offerings on the Wanderlust Findings, LLC website. The information found on the Wanderlust Findings, LLC website may contain errors or inaccuracies and may not be complete or current. Merchandise and Services may be mispriced, described inaccurately, or unavailable on the Wanderlust Findings, LLC website and we cannot guarantee the accuracy or completeness of any information found on the Wanderlust Findings, LLC website.
· We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Wanderlust Findings, LLC website and social media platforms may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless WANDERLUST FINDINGS, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access to Wanderlust Findings, LLC, by you or any person using your account, log-in, phone, computer, tablet, laptop, or b) a breach of these Terms and Conditions.
Limitation Of Liability
In no event shall WANDERLUST FINDINGS, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) any conduct or content of any third party on the Wanderlust Findings, LLC website; (iii) any content obtained from the Wanderlust Finding, LLC website and the pertaining platforms being utilized by Wanderlust Findings, LLC and Ms. Nahman; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimers
Your use of the Wanderlust Findings, LLC website is at your sole risk. All Wanderlust Findings, LLC readings/mentoring/consultations and all products offered for purchase are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WANDERLUST FINDINGS, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Wanderlust Findings, LLC website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Wanderlust Findings, LLC website is free of viruses or other harmful components to the best of its ability; or d) the results of using the Wanderlust Findings, LLC website will meet your requirements.
All provided readings and merchandise are provided for entertainment purposes ONLY. All readings are based on intuition that cannot always be accurate, and in the event of a health prediction, Wanderlust Findings, LLC and Ms. Nahman suggest you should always seek the advice of a medical professional prior to taking any physical, mental or behavioral advice from any provided readings and mentoring provided and covered under these Terms. Readings should NEVER replace professional guidance such as licensed therapist, lawyers, and doctors. WANDERLUST FINDINGS, LLC and Jillian Nahman, individually, her staff and assistants harmless for any and all predictions, the content of any reading, the representations as to what merchandise may or may not assist the purchaser with that may be or are inaccurate or that do not manifest.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Wanderlust Findings, LLC website supersedes and replaces any prior agreements we might have had between us regarding the Wanderlust Findings, LLC website.
Changes to Terms & Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 day’s notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Wanderlust Findings, LLC website after any revisions become effective, you agree to be bound by the revised terms. If you DO NOT agree to the new terms, you are no longer authorized to use the Wanderlust Findings, LLC website.
Contact Us: If you have any questions about these Terms, please contact us at wanderlustfindings444@gmail.com
Last updated: 07/16/2024