Terms of Use

Last Updated on: May 6th, 2024

The terms “we”, “us”, “our” and “Company” refers to its owner and operator, Bon Vivant Travel Co LLC. This Terms of Use (“Agreement”) governs your use of and access to our website, associated website(s) and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.   

The term “Content” shall include but is not limited to the Site, information contained on the Site, our materials/information, products, services, any digital content delivered or downloaded via email or other electronic means, webinars, courses, live masterclasses, one-on-one video conferences, classes, live posts and the like, whether purchased or not. 

PLEASE CAREFULLY READ THE AGREEMENT IN ITS ENTIRETY PRIOR TO VIEWING AND/OR USING THIS SITE. IF YOU ACCESS OR USE ANY PART OF THIS SITE, YOU AGREE TO BE BOUND TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THIS SITE.

We provide this Site and our Content subject to your compliance with the mandatory terms set forth below. Please understand that we may, in our sole discretion, revise or update the Agreement by posting an amended page on the Site. Any changes will take effect immediately and your use of the Site following the posting of the amended “Terms of Use” page constitutes your acceptance of the same. 

Should you have any questions or concerns regarding the Agreement, please contact us at: bonvivanttravelco@gmail.com

GENERAL PROVISIONS

For Educational and Informational Purposes Only. The Content on this Site is for general educational and informational purposes only. Any information or advice contained on this Site or in our Content is not a substitute for personalized advice to you and shall not be understood or construed as religious, medical, legal, financial, tax, health or other expert or professional advice, including without limitation a doctor, certified public accountant, tax specialist, registered/accredited financial adviser or attorney. Use your best judgment and due diligence before implementing any information suggested or recommended on this Site or Content.

Assumption of Risk. You use this Site at your own risk. Your use of our Site and Content is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site or Content, including any actions you choose to make, or not make, as a result of using our Site and Content. You should consult with a professional for any and all individual questions or concerns. 

Errors & Omissions. The Site may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site. 

Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions. 

Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.

Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE OR CONTENT. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE AND CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION OR CLAIMED HARM/DAMAGES WITH THE SITE OR CONTENT IS TO STOP USING THIS SITE OR CONTENT. 

Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND CONTENTS. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our Site or Content shall create a warranty not expressly stated in this Agreement.  

We also reserve the right to modify or discontinue, either temporarily or permanently, the Site, and Content, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site or Content without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the Site or Content. 

Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site; your violations of this Agreement; your improper or unauthorized use of our Site or Content; any claims or allegations that you transmit through or in connection with our Site or Content that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site or Content. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

In addition, should you purchase a product or service from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs.

Class Action Waiver. You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.  
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
Termination. We reserve the right, in our sole discretion, to immediately terminate your use of or access to our Site or Content and revoke your limited license for any reason. It is within our sole discretion to allow you to use or access our Site or Content. We may revoke your use or access to our Site without notice to you. 
Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided byBon Vivant Travel CO and are controlled and operated by Jennifer Essex from her Colorado location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be governed and construed by Colorado’s state or federal courts, apply Colorado law, regardless of principles or conflicts of law. 
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of Colorado, County of Adams], City of Westminster.  
Entire Agreement. The Agreement, which includes this Terms & Conditions and our Privacy Policy constitutes the entire agreement between us and you as it relates to your use and access to our Site and Content. 
Email Communications. By providing your contact information to us, you consent to receiving electronic communications from us, including newsletters, promotions, and updates. These emails will be sent to the provided email address. You can opt out anytime by clicking on the “unsubscribe” link, though non-promotional emails related to your account or transactions may still be sent. You may withdraw consent, but this might affect access to certain services and updated information. 

Advertising Disclaimer. Our Site may contain paid advertisements. We do not endorse, associate, promote, or evaluate any of the advertised product, service, company or any of the claims made by the advertisement. We also do not endorse or recommend any affiliates using our Site or Content. 

Testimonial Disclaimer. Our Site may contain testimonials by users of our Site or Content. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. [We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. (Revise if you do pay for testimonials by saying, “we pay or compensate these individuals or businesses in an effort to make it worth their time, but their views and opinions are still their own”.] Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary. 

Survey Disclaimer. Our Site or Content may include voluntary surveys for you to participate in. We use Surveys to conduct research and to collect data to improve our Site or Content. Your participation is voluntary. Any personal or non-personal information will be collected in accordance with our Privacy Policy. By taking part in a survey on our Site, you agree to the transfer of the information submitted by you to us. The information gathered will only be used for internal research purposes and will not be publicly linked to you in any way. We reserve the right to share the survey findings with the public, but will do so in an anonymized or aggregated form. 
 
We recommend carefully considering your own situation and conducting your own research before making any decisions.

Feedback/Review Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to our Privacy Policy. We own such communication from you and any such communication displayed on our Site or Content, including without limitation social media posts and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose. 

RULES OF CONDUCT
By using our Site and/or Content, you agree to adhere to the following Rules of Conduct. If you violate these Rules of Conduct, we reserve the right to remove you and any access you may have to our Site and/or Content. Whether conduct violates our Rules of Conduct will be determined in our sole discretion.
No Illegal Activity: You may not use the Site and/or Content for any illegal activity, including without limitation any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraudulent activities in any capacity are strictly prohibited.
No Bad Conduct: Do not use our Site and/or Content to transmit, distribute, send, or otherwise expose the Site and/or Content or its viewers/users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. You are also not allowed to modify, reverse engineer, frame, mirror, or adapt any portion of the Site and/or Content. You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code. 
No Spamming: You may not use our Site and/or Content to engage in any activities that will result in sending spam to anyone.
Be Civil: You may only use our Site and/or Content in a civil and respectful way at all times.
No Exploitation: You may not violate the Site’s viewer’s/user’s rights to privacy or collect our viewer’s/user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site and/or Content, including without limitation sharing your login credentials with others, if applicable.
No Impersonation: You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us. 
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
No Use Other Than Intended: You may not use our Site and/or Content for any purposes other than intended.
No Prohibited Content: You may not use our Site and/or Content in a manner that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, harmful, abusive, harassing, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in our sole discretion.
These rules are designed to maintain a safe and respectful environment for all users. We appreciate your cooperation in upholding these standards while using our Site and/or Content.
FORCE MAJEURE  

Neither Party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or any delay in providing access to, fulfilling or performing any obligation under these Terms when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, epidemics, outbreaks of diseases, national emergencies and/or public health crisis, environmental crisis, climate related crisis, industrial disturbances such as labor shortages, strikes or work stoppages, server related issues such as data breaches, data losses, or cloud storage disturbances, power outages or disruptions to communication or internet services, third-party platform-related disturbances, disappearance or cessation of business by you and/or the Company, or acts of God (“Force Majeure Events”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, such as restoring full access to the Products and/or Services, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure Events when able to do so. If the Force Majeure Events continues for more than 30 days, either party may terminate this Agreement upon written notice to the other party. Please note a Force Majeure Events does not constitute a reason for a refund and none will be provided to you if you are unable to access and/or use the Products due to the Force Majeure Events.  


INTELLECTUAL PROPERTY NOTICE

This Site and our Content are protected by the copyright laws of the United States of America (“U.S.”) . You understand that the Company owns the Site and Content, which is our intellectual property.  

You may download and print certain Content from our Site for your own personal and non-commercial purposes, but you may not copy or use our Content for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site or Content without our express written consent.  

We may investigate any alleged violations of this Agreement and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action. 

If you believe that our Site and Content infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Content infringes on your copyright. 


Sharing Our Content: You may not post, distribute or reproduce any materials or Content from our Site or other proprietary information without our written consent. Please contact us with any requests at the email address below. 

All photos, memes, gifs and the like, which were not created by us, have either been purchased, licensed, credited, linked to its original source or were obtained from the public domain. Any copyright Content from third-parties is believed to constitute fair use in accordance with Title 17, Section 107 of the U.S. Copyright Act, et seq. If you desire to use any copyrighted material from this Site for your own purposes, which does not constitute fair use, you must obtain permission from the copyright owner. 

LICENSE TO USE
We grant you one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to access and use the Site and Content subject to this Agreement. Any violation of the terms set forth in the Agreement is cause for immediate termination of this limited license and may result in legal action. 
AGE REQUIREMENTS 

Our Site and Content is not directed to persons under the age of majority. In fact, you must be at least 18 years of age or older to gain access to our Site and Content. This Site and Content are solely directed to persons who are the age of majority and older. If you are under 13 years of age, please stop and do not use, view, purchase or otherwise browse this Site or Content. 

Should we discover that a person under 13 years of age has provided their personal information to us, we will delete their personal information as governed by the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  

SALE OF BUSINESS OR ASSETS

In the event that the Company or substantially all of its assets are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, reorganization, or restructuring, or in the event of an insolvency, bankruptcy or receivership, the information we have collected about you may be one of the assets sold or merged in connection with that transaction.

INCORPORATION OF PRIVACY POLICY

We use your personal and non-personal information as set forth in the Privacy Policy which is incorporated herein as terms of this Agreement. 

Our Site may contain affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.



Our Site or Content may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. If you use the link on our Site and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website should be directed to the third-party website. We bear no responsibility for any action or non-action you take associated with the third-party website. 
SUGGESTED PRODUCTS. 
Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.  
 
DIGITAL PRODUCT POLICIES 
By downloading and/or purchasing our digital products, you are hereby granted one limited, non-assignable, non-exclusive, non-transferrable, non-sublicensable, revocable license to the Product and/or Service that you downloaded and/or purchased for your own personal and/or internal business use.  
You are not permitted to share our Product, course and/or service with anyone.  

You are expressly prohibited from utilizing the information obtained from our Product(s) and/or Services to develop derivative works. In other words, you may not leverage the knowledge acquired through our offerings to create a product that would have otherwise been beyond your capacity to develop had it not been for the information obtained from our Product and/or Services.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Product(s), or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action without a refund. 
If you violate these Terms, such as giving, selling a copy of, re-selling or exploiting our Products and/or Services to others, you agree to pay for the license of the products or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our products or services, temporarily or permanently, in addition to other legal remedies available.  
Liquidated Damages Clause. In the event of your unauthorized creation of products based on knowledge acquired from our offerings that would otherwise be beyond your capacity, you agree to pay the Company liquidated damages in the amount of the then-current license fee and/or our product price per instance of such breach. 
Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge, algorithms, technical specifications, designs, code, documentation, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property. 
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.

By purchasing a digital product from Bon Vivant Travel Co, you are not hiring us to provide professional services to you and must consult a professional in your area. We are prohibited from personally modifying and tailoring the digital product to your and/or your business’s unique needs. Please understand that if you ask us for help in modifying or customizing your digital product, we will not be able to assist you.] 

REFUND POLICY 

No refunds will be issued under any circumstances due to the downloadable nature of our products and services. For more details, please refer to our Terms of Purchase provided at checkout. 

We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction. 

We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
PURCHASE POLICY
We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of products and/or services; errors in the product/service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction. 
We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
PAYMENT TERMS
If you pay for a digital product, and/or our other services by credit or debit card, you authorize and provide permission for the Company to charge your credit or debit card in the amount owed for payment of the digital product(s) and/or services.
You expressly agree that you will not under any circumstances threaten to or actually issue any chargebacks to us or on your selected form of payment for any reasons whatsoever as it relates to your purchase of our digital product or services. If you do, we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. In the event that occurs, we shall be entitled to reimbursement of all attorney's fees and associated costs.
Payment plans are not a subscription service, but are provided only for your convenience. You agree that you will not cancel the scheduled payments until and unless the purchase price is paid in full. 
When you purchase a digital product(s) and/or services, your personal information (e.g. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices. 
MAXIMUM DAMAGES
The sole remedy for any actions or claims by you against us and or representatives/agents shall be limited to and shall not exceed $100.00. 
FUTURE UPDATES
We will periodically update our Product(s) to stay current. For the lifetime of our business, you will be provided with these revisions and/or updates and/or edits at no additional ch
FUTURE PROMOTIONS Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within 24 hours from your purchase date. We reserve the right to modify or cancel any promotional discounts at any time without prior notice. 
Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you if offered after your date of purchase. If we do provide it, then it is within our sole discretion. We reserve the right to modify or cancel any promotional discounts at any time without prior notice.
Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you unless you contact us and the promotion is within 24 hours from your purchase date.  
LIFETIME ACCESS GUARANTEE
The Company may offer a lifetime access guarantee to its Products or certain Services. The term “lifetime access” shall be construed to refer to the lifetime and duration of the Company, and is not the lifetime of any one individual customer. The lifetime access provided by the Company shall continue for as long as the Company is operational and actively providing the Products and/or Services. In the event that the Company ceases its operations or discontinues the Products and/or Services, the lifetime access guarantee shall be considered null and void. This guarantee is exclusively provided to the purchaser of the Product and/or Service and cannot be transferred, sold, or assigned to any other individual or entity. The Company reserves the right to modify, amend, or terminate the lifetime access guarantee for future customers at its sole discretion. 
MARKETING RELEASE
You agree that we may lawfully use and/or share your reviews, social media content, posts, comments, messages and the like, including without limitation any emails or messages sent from you to us by any means, to promote and/or market our digital product(s) and company.
If the content is public, we will use the entire content without your permission. If the content is private, however, we will only use your first name and will not need your written permission and/or consent to do so. 
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