Terms of Use
Please read these Terms of Use carefully before accessing or using this website.
By accessing, using, downloading, or viewing this website or any of its products or services, you hereby consent and agree to these Terms of Use. If you do not agree to these Terms and all applicable laws, please cease access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us at assistant@herguidetovenus.com.
Agreement to Terms
Her Guide to Venus ("Her Guide to Venus," "us," or "we") owns and operates this website and any other web services or products offered by Her Guide to Venus now or in the future, including related social media platforms (collectively, the "Site"). These Terms of Use and our Privacy Policy (collectively, the "Terms") govern your use of the Site, all free materials and resources provided by the Site, and any other services or products we make available (collectively, the "Services"). These Terms constitute a legally binding agreement made by and between Her Guide to Venus and you, the user of this Site.
BY ACCESSING OR USING ANY PART OF THE SITE, PRODUCTS, OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you access any Her Guide to Venus presence on a social media network (such as Instagram, TikTok, YouTube, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
Healthcare Acknowledgement & Disclaimer
Her Guide to Venus is not a medical practice.
No aspect of Her Guide to Venus's Services is meant to be a substitute for professional advice from your professional care provider. Her Guide to Venus makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or instruction provided through the Services. You are encouraged to consult with your healthcare provider or other professional care provider with any questions or concerns you may have regarding any health condition before taking any action or engaging in any activity or program, including Her Guide to Venus's Services.
You acknowledge and agree that when participating in any activity, routine, or program described in the Services — including yoga, breathwork, or other movement practices — there is the possibility of physical injury, emotional distress, and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical or other professional advice or delay seeking it. Her Guide to Venus's Services should not be used in lieu of professional advice given by qualified medical professionals. It is important that the Services are used only in conjunction with qualified medical guidance and guidance provided by other applicable professional care providers.
You hereby release Her Guide to Venus and waive any and all claims against Her Guide to Venus for any damages you may incur arising out of or related to your use of Her Guide to Venus's Services, Site, or Products. You further agree to indemnify and hold harmless Her Guide to Venus from any damages, liabilities, losses, or other claims incurred by Her Guide to Venus arising out of or related to your use of Her Guide to Venus's Services, Site, or Products.
Content on the Site
Intellectual Property Rights
You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services, and/or other information and materials, and the selection and arrangements thereof, is copyrighted work under United States and other copyright laws. It is the property of or licensed by Her Guide to Venus. All trademarks, service marks, and trade names are trademarks or registered trademarks of and proprietary to Her Guide to Venus or other respective owners that have granted Her Guide to Venus the right to use such marks.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access, view, and use the Site solely for your personal and non-commercial purposes. Her Guide to Venus reserves the right to monitor the Services and Content to ensure your usage complies with these Terms.
You may not modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or otherwise exploit any of the materials or Content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent.
Third-Party Content
Our Site may include Content provided by third parties. We do not monitor, endorse, or accept liability for any third-party content. We do not guarantee the accuracy, integrity, completeness, or quality of the content on our Site or at third-party URLs that may be posted on our Site. Her Guide to Venus is not responsible for the content on any linked site or any link contained in a linked site.
Third-Party Services
Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party's terms of service and/or privacy policy. Her Guide to Venus will not be liable in any way for the acts or omissions of such third party, or any loss, damages, liability, or expenses (including attorneys' fees) that you may incur arising from or related to such third party's services or products.
Your Conduct on the Site
Eligibility
To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you represent that you are an authorized representative of that third party and that your use of the Site constitutes that third party's acceptance of these Terms.
Account Information
If you create an account, any information you choose to provide must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. Your account is non-transferrable and cannot be sold, combined, or otherwise shared with any other person.
Feedback
If you send comments or suggestions about the Site to Her Guide to Venus — including notes, text, drawings, images, designs, or computer programs — such submissions shall become and shall remain the sole property of Her Guide to Venus. No submission shall be subject to any obligation of confidence on the part of Her Guide to Venus, which shall own all rights thereto and be entitled to unrestricted use, publication, and dissemination for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Prohibited Conduct
You agree not to copy or imitate the appearance, design, or style of our Site or any Content. You agree not to use our Site or its Content to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Her Guide to Venus or any other person or entity
Use the Service, Site, or Products commercially
Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services
Interfere with or damage the Services, Site, Products, or underlying technology
Impersonate or misrepresent your identity or affiliation
Attempt to obtain unauthorized access to the Services or Site
Violate, misappropriate, or infringe a third party's intellectual property or other right, or any social media platform terms
Violate any law, rule, or regulation
Transmit executable programming or corrupted files of any kind, including viruses, spyware, or trojan horses
Falsify or delete any author attributions, legal notices, or proprietary designations
Engage in any illegal activities
Use of our Site is subject to existing laws and legal process. Nothing in these Terms limits our right to comply with governmental, court, and law-enforcement requests relating to your use of our Site.
Privacy Policy
All information we collect from you — such as your email address, related personal information, and payment information — is subject to our Privacy Policy. Her Guide to Venus's Privacy Policy (which describes how we collect, use, and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full Privacy Policy here.
DMCA Copyright Infringement & Take-Down Policy
Her Guide to Venus respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others. We may remove, suspend, terminate access, or take other appropriate action against repeat offenders, as well as remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright you own or for which you are a designated agent, please send a notice of infringement to: assistant@herguidetovenus.com
Your notice must include:
Identification of the copyrighted work claimed to have been infringed
Identification of the material claimed to be infringing, with a URL and screenshots for each item
Details of your claim to the material, or your relationship to the material's copyright holder
Your full name, address, and telephone number
A working email address where we can contact you to confirm your claim
The statement: "I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law."
The statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner."
Your physical or electronic signature
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES, AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA.
Terms of Sale for Products and/or Services
Products and/or Services
Through the Site, certain products, subscriptions, memberships, or other services may be offered for purchase (collectively, "Products and/or Services"). The fees for such Products and/or Services are listed on the Site. All fees are due at the time of booking unless otherwise indicated on the Site, and Her Guide to Venus will have no obligation to provide Products and/or Services until such fees are paid. All Products and/or Services are subject to these Terms of Use.
Availability and Pricing
Her Guide to Venus reserves the right to change prices and available Products and/or Services at any time. Quantities of some Products and/or Services may be limited and availability cannot always be guaranteed. Products and/or Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars.
Orders
We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if the date of Services needs to be rescheduled. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar Products or Services to fulfill your order.
Returns
We do not allow returns or substitutions of Products and/or Services. All sales are final.
Payment
You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment.
We may cancel a payment or prevent you from initiating future payments for any reason, including: (i) attempted use in breach of any applicable law or regulation; (ii) use in breach of these Terms; (iii) suspected fraudulent, unlawful, or improper activity; (iv) excessive disputes or high reversal rates; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes
Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local, or other taxes. You are solely responsible for the payment of such taxes related to your purchase.
Personal Use Only
Products and/or Services are for your personal use only. You agree not to sell or resell any Products and/or Services you purchase.
No Harassment
You agree to treat Her Guide to Venus and its principals, employees, and contractors in a professional capacity at all times. Her Guide to Venus reserves the right to suspend and terminate Services to you at any time without refund in the event Her Guide to Venus feels unsafe or uncomfortable in any way.
Disputes
Subject to applicable law, you and Her Guide to Venus agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Her Guide to Venus will be resolved in accordance with the provisions set forth in this Section.
Informal Resolution
If you have any dispute with us, you agree that before taking any formal action, you will contact us at assistant@herguidetovenus.com, provide a brief written description of the dispute and your contact information, and allow sixty (60) days to pass during which we will attempt to reach an amicable resolution.
Arbitration
These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases. Any covered matters must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals.
Award
The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions
There are only two exceptions to this arbitration agreement: (1) If a party reasonably believes that the other party has infringed or threatened to infringe intellectual property rights, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. (2) Any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States.
Judicial Forum for Legal Disputes
Unless otherwise agreed, in the event the agreement to arbitrate is found not to apply, you agree that any claim or dispute between you and Her Guide to Venus must be resolved exclusively by a state or federal court located in Kings County, New York. You and Her Guide to Venus agree to submit to the personal jurisdiction of the courts located within Kings County, New York.
Opt-Out
IF YOU ARE A NEW HER GUIDE TO VENUS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE ("OPT-OUT") BY EMAILING AN OPT-OUT NOTICE TO assistant@herguidetovenus.com. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU FIRST ACCEPT THESE TERMS OF SERVICE.
To opt out, you must email your name, address, and email address(es) associated with your account, along with an unaltered digital image of a valid driver's license matching the name on your account to: assistant@herguidetovenus.com.
Waiver
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
Indemnification
You hereby agree to indemnify, defend, and hold Her Guide to Venus and all of our officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any such party arising from, related to, or in connection with: (a) a violation of any provision of these Terms by you; or (b) your violation of the rights of Her Guide to Venus or any other person or entity. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
Warranties & Disclaimers
USE OF SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. OUR SITE, CONTENT, AND SESSIONS ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES.
BENSHEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE LINKED TO THROUGH THE SITE. HER GUIDE TO VENUS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT WILL HER GUIDE TO VENUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF, OR THE INABILITY TO USE THE SITE, SERVICES, CONTENT, OR PRODUCTS, EVEN IF HER GUIDE TO VENUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES OR PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
Termination & Survival
These Terms are effective unless and until terminated by us. We may, in our sole and absolute discretion and without liability, modify, suspend, or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Site at any time for any reason or no reason at all.
If we terminate your right to access the Site, all rights you have to access the Site will immediately terminate. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, and Disputes.
General Terms
No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any part of these Terms is determined to be invalid or unenforceable, the remainder of the Terms shall continue in effect.
Statute of Limitations. You agree that any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of New York, with irrevocable consent to bring any action to enforce these Terms before an arbitration panel or a court of competent jurisdiction in Kings County, New York.
Entire Agreement. These Terms constitute the entire agreement between you and Her Guide to Venus and govern your use of the Site and Services, superseding any prior agreements. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. They may be assigned or delegated by Her Guide to Venus without restriction.
Notice to California Users. Under California Civil Code Section 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States. The Site is controlled and offered by Her Guide to Venus from the United States of America. Her Guide to Venus makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law.