TERMS AND CONDITIONS OF USE FOR THE CATCHING SISTERS COMMUNITY

This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “member” “client” “user” or “users”) and Catching Sisters (“us” “we” “our” “Owner” “Company” “Business”). This Agreement sets forth the terms and conditions for your use of the Catching Sisters Community ( “Membership”). This Agreement is between you and the Company only, and not with any other person or entity. The Company is solely responsible for the services, content and materials provided through the Membership. You acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Company by clicking “Complete Order” “Purchase” “Sign Up” or any other phrase on the community sign up button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before signing up, creating an account, and/or making a purchase related to the Membership and accessing the Membership. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the Membership is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the Membership constitutes acceptance of these terms, including any changes.

Nutrition Content Disclaimer and Professional Limitations

The Catching Sisters Community anticipates a dedicated space for nutrition-related content—such as but not limited to courses, groups, presentations, videos, and other materials—created by Cassidy Blackwin, a registered dietitian licensed in Tennessee. However, participation in this community or engagement with nutrition content does not establish a coach-client relationship with Cassidy Blackwin.

The nutrition content provided is for informational and education purposes only and does not constitute personalized nutrition advice or services. Purchasing this membership does not include Cassidy's professional nutrition services, and any nutrition-related information shared should not be relied upon as professional advice. Participation in this space does not guarantee specific outcomes.

Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that the Company cannot guarantee your future results or success with the nutrition program, videos, audios, downloadables, or any other content provided in the membership. Your success is based on your own actions and not on the Membership. You acknowledge and agree that the Company is not liable for your success or lack thereof. Before beginning any type of fitness plan or nutrition plan, it is your responsibility to consult with a medical professional or registered dietitian to get specific advice as this Membership and content within the Membership is only for educational purposes.

No professional-client relationship has been formed between us by your purchase or use of the Membership. It is your responsibility to do your own research, consult, and obtain a professional for your health, or other help that you may need for your situation.

You agree and acknowledge that Cassidy Blackwin is a licensed dietitian only in Tennessee. The Membership is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Company is not responsible for any outcome.

Business Content Disclaimer and Professional Limitations

The Catching Sisters Community anticipates a dedicated space for business related content—such as courses, groups, presentations, videos, and/or other materials—created by Diana Lizeth. However, participation in this community, use of the membership, or engagement with its content does not establish a coach-client relationship with Diana Lizeth. It is your responsibility to do your own research, consult, and obtain a professional for your business, or other help that you may need for your situation.

Income statements (or statements about scaling a business) may be reported by the Owner but it is an estimate of possible earnings and is not a guarantee that you will have the same results. You acknowledge and agree that the Owner cannot guarantee your future results or success, financial or otherwise. Statements made regarding improving your relationships, careers, or life does not guarantee you will have these results. Your success is based on your own actions and not on the Membership. You acknowledge and agree that the Owner is not liable for the success or lack thereof of your business, life, or career.

Limitation of Liability and Assumption of Risk

Nothing in this Agreement shall be construed as a promise or guarantee from using the Membership. The Company makes no such promises or guarantees. By signing up, creating an account, and/or making a purchase related the Membership, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Membership, whether foreseeable or unforeseeable. The Company will not be liable for any damages resulting from any delay or denial in the use of the Membership, errors or system failures, other performance failures, or any use or misuse of the Membership.

In no event shall the Company be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising from your use of the Membership. If exclusion or limitation of liability is not allowed, our liability is limited to the fullest extent permitted by law and shall not exceed the purchase price of the Membership. If no purchase was made, the total liability will not exceed $100.00 USD.

Your use of the Membership and any third-party content, websites, or materials linked through it is at your own risk and is for educational purposes only. The Company is not responsible for your success or lack thereof.

There is no guarantee that you will be available for every single event scheduled in the Membership as scheduling depends on the availability of the Company, other users, and outside guest experts.

You acknowledge and accept all risks associated with participation in the Membership, including injuries or damages. You release and discharge the Company from liability for any injury, damage, or loss—regardless of the cause, including accidental injuries—arising from your use of the Membership.

MEMBERSHIP ACCESS

This Membership may be transmitted by the Company through a third-party platform. The Company reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Company to do so as determined by the Company. Access is presently available to the Membership through Mighty Networks. The Company is not liable for any limitation of access to the Membership caused by a third-party platform. Access is granted in accordance with the terms of this Agreement to the user for the life of the users subscription to the Membership, or to the extent that the third-party platform remains in use and Cassidy Blackwin continues to run this Membership. Accessing this Membership may require the creation of a username and password on the third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password.

This Membership is transmitted to you through Mighty Networks sign up process. If you are unable to access your account after purchase, please contact catchingsisters@gmail.com within 48 hours of purchase. 

Your purchase and/or sign-up of the Membership gives you access to the following:

*Access to a community of others and community forums. 

*Potential educational videos, lives and/or uploads relating to nutrition, health, and/or business in designated nutrition and business spaces (expected to begin in 2025).

I understand that Catching Sisters may change what is included in the membership at any time without notice.  

MEMBERSHIP USER DUTIES AND RESPONSIBILITIES

You agree to refrain from abusive or unprofessional conduct, behavior or comments towards the Company or any other user of the membership. The Company has a no tolerance policy for racism, bullying, abusive, harmful or hurtful comments or conduct and reserves the right to immediately terminate this agreement without notice. In the event the Company terminates this agreement under this section, the user shall remain liable for any remaining payment owed and is not eligible for any refunds regardless of when during the billing period this agreement is terminated.

You agree not to upload, post, submit, or otherwise transmit any content that contains a virus, or any other computer software intended to damage or interfere with the membership portal, software or its content. You agree not to upload, post or otherwise submit any content that is unlawful, threatening, infringes on any intellectual property or other rights of any other person or entity, or violates any law, rule or regulation, violates any of the terms in this agreement, or that is false, misleading or deceptive.

You agree not to spam or send any unsolicited messages, emails or other communications to any other user of the membership.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS

The Membership contains intellectual property that belongs to the Company. All rights reserved. Purchase of the Membership grants to you a limited, revocable, non-exclusive, non-transferable license to use the Membership for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Membership or any materials or courses provided in connection with the Membership, with anyone else for commercial or non-commercial use. Any content from the Membership shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Company.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Membership, and your access to use will be revoked. Violating this license may result in charges to you from the Company for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.

You acknowledge that the intellectual property contained in the Membership is the property of the Company and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Membership may contain trademarks, service marks, graphics and logos that are the property of the Company. Your purchase does not grant you license to use such.

You acknowledge and agree that if there is any intellectual property in the Membership that is from a third-party, your use of the Membership does not give you ownership rights or license to use such.

PAYMENT POLICY

Access to the Catching Sisters Community is currently free. However, the Company reserves the right to introduce paid components or subscription plans in the future. By continuing to participate in the community after the introduction of paid features, you agree to the following terms:

You agree and authorize the Company to charge your designated payment type (credit card or other billing method) for the full purchase price of any future paid components of the Membership. You also agree and authorize the Company to charge your designated payment type (credit card or other billing method) on a recurring basis or for any other payment plan or membership level chosen, with specific terms provided at the time of purchase. You understand that by making the first payment, you are agreeing to a recurring payment and acknowledge that your payment method used during the initial payment will be saved and used for future recurring payments until cancellation.

If payments fail for any reason (such as an updated credit card being needed, payment information requiring an update, or an expired credit card), you agree to resolve it according to Mighty Networks Policy. Access to any paid components will be suspended and possibly revoked by the Company or by the system of the third-party platform, Mighty Networks, if payment is not resolved. If payment fails and is not remedied immediately according to Mighty Networks Policy, no further content related to the paid components will be delivered to you. You will retain access only to any resources already downloaded.

You agree to not make any chargebacks to the Company’s account or cancel your credit card or billing method used without prior written consent of the Company. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed, and you are successful in recovering these funds, the Company will provide this contract to the financial institution as well as evidence of your receipt of services.

You agree to pay for any fees associated with the Company having to recover payments, including but not limited to collection fees and attorneys’ fees. The Company reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

REFUND POLICY

The Company does not offer refunds under any circumstances.

CONFIDENTIALITY

“Confidential information” shall mean proprietary information about the Company, including but not limited to information relating to the Company’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Company without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Company’s information.

“Confidential information” shall also include information relating to other users of this Membership, including any information relating or involving personal information, personal health information, financial, business, or other non-public information communicated in the Membership in any manner. All confidential information disclosed within the Membership by any participating member shall remain property of the disclosing member without prior written consent, and shall not be disclosed or used in any manner other than as permitted in the membership.

Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Company and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.

The terms of this section of the agreement shall survive the termination of this agreement.

PROHIBITED USE

You acknowledge that the Membership and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Company reserves the right to terminate your access to the Membership without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

The Membership is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this Membership is your representation that you are at least 18 years of age.

INDEMNIFICATION

You acknowledge and agree to indemnify and hold the Company harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Membership or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Membership, such as any intellectual property or other rights of any person or entity arising out of or related to any Membership or services purchased by you in connection with the Membership or offered by a third party through the Membership.

ATTORNEY’S FEES

Any legal fees incurred due to the enforcement of this agreement by the Company, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Company in collecting payment of any amount due under this agreement.

NON DISPARAGEMENT

You agree to refrain from making any disparaging comments or statements about the Company or the services that negatively affect the Company’s business, services, products, membership, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Company’s goods and/or services.

NO WARRANTY

The Membership is provided “as is” and without any warranty of any kind, express or implied. The Company does not warrant or represent that the Membership or any materials or courses provided in connection with the Membership to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Company. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

SEVERABILITY

If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

NOTICE

Any notice, demand or other communication shall be delivered via email to:

catchingsisters@gmail.com

WAIVER

You acknowledge and agree that the failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of the Company’s rights under this Agreement to subsequently enforce any provision of this Agreement.

GOVERNING LAW

This Agreement is governed by the laws of the Province of Quebec, Canada. By purchasing our Membership, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in the courts of Quebec, to the exclusion of all other courts of any jurisdiction in any other province, state, or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

HEADINGS

The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

IMPORTANT INFORMATION: TERMS AND PRIVACY POLICY AGREEMENT

By agreeing to our Terms and Conditions, you also acknowledge and agree to our Privacy Policy, which governs the collection, use, and disclosure of your personal information. Please review the Privacy Policy for more details.

ENTIRE AGREEMENT

You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.