TERMS & CONDITIONS

Last Updated: October 21, 2025

INTRODUCTION

Welcome to Living Goldenwell ("we," "us," or "our"). This document contains the Terms & Conditions ("Terms") governing your access to www.livinggoldenwell.com and use of our coaching, consulting and membership services and programs (collectively, the "Services").

By accessing our website or using our Services, you agree to these Terms and our Privacy Policy. These documents form a binding legal agreement between you and Living Goldenwell, headquartered in Seattle, Washington. If you disagree with these Terms, please do not use our Services.

PLEASE READ CAREFULLY. These Terms include important information about your legal rights, remedies, and obligations. We may update these Terms at any time by posting revisions to this page, effective immediately upon posting. Your continued use of our Services after changes constitutes acceptance of the revised Terms.

1. ELIGIBILITY

Our Services are intended for use by adults. By using our Services, you confirm that you are:

At least 18 years old (or the legal age of majority in your jurisdiction)
Legally capable of entering into binding contracts
In agreement with these Terms

2. INTELLECTUAL PROPERTY RIGHTS

All content, materials, information, and resources provided through our Services are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

Website design and content
Program materials and resources
Logos, taglines, and branding elements
Training videos and audio recordings
Written materials and methodologies

Living Goldenwell owns or properly licenses all intellectual property related to our Services. Our name, logo, and other marks are proprietary trademarks, and their use without permission is prohibited.

You acknowledge that Living Goldenwell retains all right, title, and interest in and to all intellectual property. These Terms do not grant you any ownership or other right or interest in any intellectual property of Living Goldenwell. You may not record any group sessions or calls without prior written consent of Living Goldenwell.

3. LICENSE TERMS

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal purposes. This license does not include the right to:

Copy, modify, or create derivative works
Use content for commercial purposes beyond your personal use
Reverse engineer or decompile any software
Remove or alter any copyright or trademark notices
Transfer license rights to any third party
Record any group sessions or calls without prior written consent

Your membership and access rights are personal to you and may not be transferred to any third party. This license terminates automatically if you breach these Terms.

3.2 Confidentiality Obligations

During your use of our Services, you will have access to Living Goldenwell's proprietary and confidential information. You agree not to disclose, reveal, provide, or make available to any third party:

Program materials, conversations, or documentation
Techniques, formulas, methods, or processes
Trade secrets, images, video, or audio content
Login credentials or member access information

4. ACCEPTABLE USE

4.1 Prohibited Activities

You agree to use our Services responsibly and ethically. Prohibited uses include:

Any illegal activities or violations of these Terms
Attempting to gain unauthorized access to our systems
Uploading viruses or malicious code
Engaging in deceptive business practices
Infringing on intellectual property rights
Importing sensitive personal data (social security numbers, credit card data, etc.)
Operating agency accounts (hosting services for third parties)
Abusive, unruly, or excessively disruptive behavior toward Living Goldenwell, other members, or the Services

4.2 Termination for Violations

We reserve the right to immediately terminate access for violations of these restrictions. If any client, including you, becomes a “toxic member” (abusive, unruly, excessively disruptive) towards Living Goldenwell, the Services or other members, they will be removed and blocked to re-enter the Services at the discretion of Living Goldenwell. If you have any issue or concern, please contact [email protected] so we can work with you to resolve it.

5. PRIVACY AND DATA PROTECTION

We respect your privacy and handle your information according to our Privacy Policy. By using our Services, you consent to our collection, use, and processing of your information as described in that policy.

We maintain reasonable technical and organizational safeguards to protect your information but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

6. ACCOUNTS AND REGISTRATION

To access certain features under our Services, you must create an account. You agree to:

Provide accurate and complete information
Maintain and update your information as needed
Maintain account security and password confidentiality
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use

Agency accounts (accounts where you host services for third parties) are strictly prohibited. If we determine you are operating an agency account, we may terminate your account.

7. ORDERS AND PAYMENTS

7.1 Order Placement

We reserve the right to accept or decline any order at our discretion. Your order is not accepted until we confirm it, and we may require additional verification before processing.

7.2 Service Access and Deliverables

Our Services may include, but are not limited to:

Educational training materials (video, audio, downloads, worksheets)
Live group coaching or training sessions
One-on-one coaching or support
Access to member portals and resource libraries
Asynchronous communication and support
Recorded session access

Specific membership access and program components, duration, and access periods are detailed in your program enrollment confirmation. Support response times are typically 1-3 business days. We reserve the right to modify, discontinue, or adjust any service offerings.

7.3 Payment Terms

IMPORTANT: All fees are stated in US dollars and are non-refundable unless otherwise specified. Failure to use the Services does not relieve payment obligations.

For membership and subscription services, you authorize recurring payments until cancellation
The first payment is due when your account is created
Subsequent payments will be charged automatically on the same date each month
You must update payment information as needed to prevent service interruption
We reserve the right to modify pricing with 30 days' notice
Failure to make timely payments may result in account termination and collection actions

8. PRODUCTS AND PRICING

Products, services, and prices listed on our website are subject to change without notice. We reserve the right to:

Modify or discontinue any product or service
Adjust specifications and pricing
Correct pricing errors if they occur

While we strive for accuracy, we are not responsible for typographical errors in pricing or descriptions.

9. SERVICE LIMITATIONS AND DISCLAIMERS

9.1 Results and Expectations

Our Services provide educational resources, coaching, and supportive tools designed to assist family caregivers in their caregiving journey. The benefits experienced from our Services vary significantly based on many factors including:

Your personal situation and caregiving circumstances
The specific needs of the person receiving care
Your ability to implement suggested strategies
The time you can dedicate to applying resources, tools and supports
External factors beyond anyone's control

IMPORTANT: While we strive to provide valuable support and guidance, we cannot guarantee specific outcomes for clients or their care recipients. Each caregiving situation is unique, and testimonials shared by other clients represent their personal experiences, which may not reflect your results.

9.2 Not a Substitute for Professional Care or Services

Our Services are educational and supportive in nature and do not replace:

Medical care, treatment or advice
Mental health services
Legal or financial advice
Social services or case management
Direct caregiving services

We are not healthcare providers, therapists, social workers, or medical professionals. Our Services do not replace professional services. You should maintain relationships with appropriate healthcare providers, legal and financial advisors, and social services for your specific situation.

9.3 Self-Care and Boundaries

Caregiving can be physically and emotionally demanding. While our Services aims to support your wellbeing as a family caregiver, you remain responsible for:

Setting appropriate boundaries
Seeking help when needed
Monitoring your own physical and emotional health
Making decisions appropriate for your specific circumstances

10. TESTIMONIALS AND USER CONTENT

By submitting testimonials, reviews, comments, or other content, you:

Grant us a royalty-free, perpetual, worldwide license to use this content
Understand we may edit content for clarity or length
Confirm the content is truthful and represents your genuine experience
Acknowledge we are not obligated to use any submitted content

We may use your name, image, and testimonial in our marketing materials unless you explicitly opt out in writing.

11. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. All information is provided for general educational purposes only.

12. LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, LIVING GOLDENWELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT WILL LIVING GOLDENWELL BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR THE CONSEQUENCES OF YOUR ACTIONS OR NON-ACTION AS A RESULT OF PARTICIPATION IN OUR SERVICES OR PROGRAMS. YOU AGREE TO FULLY RELEASE LIVING GOLDENWELL FROM CLAIMS MADE BY YOU OR ANY PARTY RELATED TO YOU INVOLVING EMOTIONAL DISTRESS, FINANCIAL LOSS, OR OTHER DAMAGES.

13. DISPUTE RESOLUTION

13.1 Informal Resolution

If a dispute arises, you agree to contact us at [email protected] and attempt to resolve the matter informally before pursuing other remedies.

13.2 Binding Arbitration

BY USING OUR SERVICES, YOU AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY WILL BE SUBMITTED TO BINDING ARBITRATION IN SEATTLE, WASHINGTON UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA).

The arbitration will be conducted by a single neutral arbitrator at AAA's Seattle regional office (1420 Fifth Avenue, Suite 2200, Seattle, WA 98101). The arbitrator's decision is final and binding with no right of appeal. Arbitration expenses and fees (excluding attorneys' fees) will be divided equally between parties. Each party is responsible for their own attorneys' fees and costs.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

13.4 Small Claims Exception

Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies for small claims jurisdiction.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Living Goldenwell and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:

Your use of our Services
Your violation of these Terms
Your infringement of any third-party rights
Any content you submit or transmit through our Services

This indemnification extends to any claims made by your care recipients, family members, or other third parties affected by your caregiving decisions or actions taken in connection with your use of our Services.

15. COPYRIGHT INFRINGEMENT CLAIMS - DMCA POLICY

Living Goldenwell respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). We will respond promptly to claims of copyright infringement committed using our Services.

15.1 DMCA Notification Process

If you believe content on our website infringes your copyright, please send a written notification to our designated Copyright Agent at [email protected] including:

Physical or electronic signature of the copyright owner or authorized agent
Description of the copyrighted work claimed to be infringed
Exact location of the allegedly infringing material on our website (URL)
Your contact information (name, address, telephone, email)
Statement of good faith belief that the use is not authorized by the copyright owner
Statement under penalty of perjury that the above information is accurate and you are authorized to act on behalf of the copyright owner

15.2 Response Timeline

Upon receiving a proper DMCA notification, we will:

Acknowledge receipt within 2 business days
Take reasonable steps to investigate the claim within 10 business days
Remove or disable access to the content claimed to be infringing if the claim appears valid
Provide the content provider an opportunity to submit a counter-notice

15.3 Counter-Notice Procedure

If material you provided has been removed due to a copyright claim, you may submit a counter-notice if you believe the removal was a mistake or misidentification. Your counter-notice must include:

Your physical or electronic signature
Identification of material removed and its previous location
Statement under penalty of perjury that you have a good faith belief the material was removed by mistake
Your name, address, and telephone number
Your consent to jurisdiction of the Federal District Court where you reside
Your consent to accept service of process from the original complainant

If we receive a valid counter-notice, we will forward it to the original complainant. If the complainant does not notify us of legal action filed within 10-14 business days, we may restore the removed content.

15.4 Repeat Infringers

We reserve the right to terminate access for users who are repeat copyright infringers. A repeat infringer is a user who has been notified of infringing activity more than twice.

15.5 No Legal Advice

This information is provided for informational purposes and does not constitute legal advice. If you're unsure whether material infringes a copyright, please consult an attorney.

16. THIRD-PARTY LINKS AND SERVICES

Our website may contain links to third-party websites or services that are not owned or controlled by Living Goldenwell. We assume no responsibility for the content, privacy policies, or practices of these third-party sites and services.

17. TERMINATION

We may terminate or suspend your access to our Services immediately, without prior notice, for any breach of these Terms. Upon termination:

Your right to use the Services will cease immediately
Any outstanding payment obligations remain in effect
Sections related to intellectual property, warranties, liability, and dispute resolution survive termination

18. NO WAIVER

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that or any other right or provision. No waiver will be effective unless in writing and signed by an authorized representative.

19. GOVERNING LAW

These Terms shall be governed by the laws of the State of Washington, without regard to conflict of law principles. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Seattle, Washington. You consent to the personal jurisdiction of these courts.

20. FORCE MAJEURE

Living Goldenwell will not be held liable for any failure to perform its obligations under these Terms if such failure is caused by events beyond its reasonable control, including but not limited to: acts of God; natural disasters including floods, earthquakes, storms, fires, or epidemics; war, invasion, riots, or other civil unrest; government order or law; actions, embargoes, or blockades; action by any governmental authority; national or regional emergency; strikes, labor stoppages or slowdowns; widespread internet disruption, telecommunication breakdown, power outage, or rationing; pandemic or epidemic health crisis; or other similar events beyond the reasonable control of the party affected ("Force Majeure Event"). In the event Living Goldenwell is unable to provide the Services due to a Force Majeure Event lasting more than thirty (30) consecutive days, Living Goldenwell may, at its sole discretion, either: a. Extend the Services access timeframe for a period equal to the duration of the Force Majeure Event or b. Provide alternative delivery methods for Services components. The occurrence of a Force Majeure Event shall not relieve you of your payment obligations for services already provided or materials already delivered prior to the Force Majeure Event.

21. ASSIGNMENT

We may assign our rights under these Terms without restriction. You may not assign your rights without our prior written consent.

22. ELECTRONIC COMMUNICATIONS

By using our Services, you consent to receive communications from us electronically. You agree that all agreements, notices, and communications that we provide electronically satisfy any legal requirement for written communications.

23. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updates on our website. Your continued use of our Services after such changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

24. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be replaced with an enforceable provision that best approximates the intent and economic effect of the unenforceable provision.

25. DATA PRIVACY

25.1 GDPR Compliance

We are committed to complying with the General Data Protection Regulation (GDPR) which protects the personal data of individuals in the European Union. For EU residents, we serve as a data controller and/or processor as defined by GDPR.

25.2 California Privacy Rights

California residents may have additional rights regarding their personal information under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details.

25.3 Data Transfers

For international users, your data may be transferred to and processed in the United States. By using our Services, you consent to such transfers as described in our Privacy Policy.

26. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Living Goldenwell regarding your use of our Services, superseding any prior agreements or communications.

27. CONTACT INFORMATION

For questions about these Terms or our Services, please contact us at:

Email: [email protected]

Support: [email protected]

Compliance: [email protected]