Welcome to our websites, including sabrinawhitehorse.com, nativewisdom.tv, and nativewisdomtv.com, collectively referred to as the “Websites.” These sites are managed by Sabrina Whitehorse Barnett, referred to here as “I,” “we,” “us,” or “our.”
By accessing our Websites, you, the “Visitor,” agree to comply with the following Terms of Use, which we may update occasionally without notice. Your continued use of the Websites signifies your acceptance of these terms and the incorporated Privacy Policy, together making up this “Agreement.” If you disagree with any part of the Agreement, please refrain from using our Websites.
If you decide to register with us (“Registered User”) and wish to purchase any product or service, you must agree to this Agreement and the accompanying Terms and Conditions of Purchase, which will govern in the case of any inconsistency with this Agreement.
Please note, the sections titled “BINDING ARBITRATION” and “CLASS ACTION WAIVER” contain significant legal stipulations, including a binding arbitration agreement and a waiver for class action lawsuits, which impact your legal rights. We strongly advise reading these sections carefully.
Undefined capitalized terms within these Terms of Use are defined in our Privacy Policy.
1. Description and Use of Our Websites
Our Websites provide access to services for both Visitors and Registered Users as detailed below.
Visitors: As the name suggests, Visitors are individuals who browse our Websites without registering. Visitors are not required to log in and can:
– View all publicly available content.
– Contact us via email.
Registered Users: In addition to the privileges available to Visitors, Registered Users can:
– Purchase products and services through the Websites.
– Access exclusive content only available to them.
– Create, access, manage, and update their personal accounts.
– Post comments and other forms of content, referred to collectively as “Registered User Content.”
– Enroll in various programs.
– Receive alerts and other notifications.
– Join the Sabrina Whitehorse Barnett community.
Sabrina Whitehorse Barnett reserves the right to accept or reject any individual’s registration at its sole discretion. Furthermore, Sabrina Whitehorse Barnett may deactivate any account at any time, without limitation, particularly if it believes that a Registered User has breached the Terms of Use.
2. Community Guidelines
Sabrina Whitehorse Barnett’s community thrives when everyone adheres to a few fundamental rules. By using the Websites, you agree to follow these community guidelines (“Community Guidelines”):
– You must abide by all applicable laws while using the Websites and not engage in any unlawful activities.
– Do not upload, post, email, transmit, or otherwise distribute any content that:
– Violates any copyright, trademark, publicity rights, or other proprietary rights of any entity or individual.
– Is defamatory, indecent, obscene, pornographic, excessively violent, promotes violence, includes hate speech (defined as speech that attacks or demeans a group based on attributes such as race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity), or invades another’s privacy.
– Reveals sensitive personal information about others, including but not limited to email addresses, postal addresses, phone numbers, credit card details, etc.
– You will not stalk, threaten, or harass anyone.
– Avoid using the Websites for spamming or any commercial solicitation.
– If you contribute Registered User Content, ensure it is relevant to the topic discussed.
– Do not use the Websites for gathering market research for competing businesses.
– Do not impersonate any person or entity, or misrepresent your affiliation with a person or entity.
– Avoid interfering with the proper operation of the Websites through the use of viruses, or any other technology or method designed to disrupt or damage the software or hardware.
– Do not block, obscure, or interfere with any advertisements and/or safety features on the Websites.
– Do not use robots, spiders, scrapers, or other automated means to access the Websites without permission. However, public search engines may use spiders for creating searchable indices of the materials from the Websites.
– Do not overload our infrastructure unreasonably or disproportionately in our sole discretion.
– Please report any content that violates these Community Guidelines.
We reserve the right to deny access to the Websites or any part thereof and to remove any content that does not meet these Community Guidelines, at our sole discretion, without prior notice.
3. Age Restrictions
Access to the Websites is restricted to individuals who are at least 13 years old. If you are between the ages of 13 and the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to ensure that both of you understand it.
4. Account Creation and Security
During the registration process, Registered Users are required to create an account. This involves setting up a sign-in name (“Sign-In Name”), a password (“Password”), and possibly additional information to verify your identity during future logins (“Unique Identifiers”). When setting up your account, you must provide information that is accurate, current, and complete. The Sign-In Name and Password are for individual use only and not to be shared with others, especially for accessing proprietary content (“Content”). Sharing these credentials is considered a significant breach of this Agreement. You are solely responsible for maintaining the confidentiality of your Sign-In Name, Password, and Unique Identifiers, and for all activities that occur under them. You must notify us immediately if there is any need to deactivate your Password or Sign-In Name or change any Unique Identifier. We reserve the right to alter or delete your Sign-In Name, Password, or Unique Identifier at any time and for any reason, with no liability to you for any resulting loss or damage.
5. Fees and Payment
In exchange for any purchases made on the Websites, you are required to pay Sabrina Whitehorse Barnett all applicable fees and taxes. We (or our third-party payment processor) will authorize the payment facility you provided during registration—such as your credit card or bank account—for the total amount of the fees and applicable taxes, and you agree to this process. Payments will be processed in U.S. dollars if your mailing address is within the United States. If your address is outside the United States, including its possessions or territories, payments will be processed in your local currency.
You must maintain current, complete, and accurate information for billing and credit card details. You are required to update all billing information promptly to keep your account up-to-date. This includes changes in billing address, credit card number, and expiration date. You must also contact us immediately if your credit card is lost or stolen, or if you suspect a potential security breach involving your account, such as unauthorized use of your Sign-In Name or Password.
You authorize Sabrina Whitehorse Barnett to obtain new expiration dates for your credit card if the one on file expires. We also reserve the right to charge any renewal card issued to you. If your credit card issuer fails to make a payment for any reason, you agree to pay all due amounts upon demand. Additionally, you are responsible for paying all collection costs, including legal fees, incurred to recover any unpaid balances. Note that your credit card issuer may apply a foreign transaction fee or similar charges, for which you will be responsible. It’s advisable to consult with your bank and credit card issuer to understand any potential fees.
6. Intellectual Property Rights
The Websites host a variety of materials, including videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, all of which are provided by or on behalf of Sabrina Whitehorse Barnett and are collectively referred to as the “Content.” This Content may be owned by us or licensed from third parties and is protected under both U.S. and international intellectual property laws. Unauthorized use of the Content may infringe on copyright, trademark, and other applicable laws.
Visitors are permitted to view all publicly-available Content for personal, non-commercial purposes only. Registered Users who have purchased any product or service may download and view the Content included in their purchase on their own devices, also solely for personal, non-commercial use. Beyond the explicit permissions outlined here, no rights in or to the Content are granted, and the Content may not be used in any other manner without the express written consent of Sabrina Whitehorse Barnett. This includes any sale, transfer, licensing, public display, or distribution of the Content.
Sabrina Whitehorse Barnett retains all rights, including all intellectual property rights, to the Content. All original copyrights and proprietary notices within the Content must be maintained. The Content must not be modified, and it cannot be used for public or commercial purposes without prior permission. Posting the Content on other websites, social media platforms, or in networked environments is strictly prohibited.
If this Agreement is violated, your permission to use the Content and access the Websites is automatically revoked, and you must immediately destroy any copies of the Content in your possession.
The trademarks, service marks, and logos of Sabrina Whitehorse Barnett (the “Sabrina Whitehorse Barnett Trademarks”) displayed on the Websites are either registered or unregistered marks. Trademarks appearing on the Websites that belong to other parties are referred to as “Third-Party Trademarks.” Together, these are referred to as the “Trademarks.” Nothing on the Websites grants, by implication or otherwise, any license or right to use any Trademarks without our prior written permission specific to each use. Links involving the Trademarks are not permitted without prior written approval. All goodwill generated from the use of the Sabrina Whitehorse Barnett Trademarks benefits our company.
Certain elements of the Websites are also protected by trade dress, trademark, unfair competition, and other state and federal laws, and may not be copied or imitated in any way, including through framing or mirroring, without our express written consent for each instance.
7. Registered User Content; Licenses
The Websites allow Registered Users the opportunity to post and upload content, referred to as “Registered User Content.” By submitting your Registered User Content to the Websites, you acknowledge and agree that it becomes publicly accessible and that there is no confidentiality or privacy for such content, including any personally identifying information you may include. YOU, NOT Sabrina Whitehorse Barnett, ARE FULLY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT THROUGH THE WEBSITES.
You retain all copyrights and other intellectual property rights in your Registered User Content. However, you grant us and our sublicensees a non-exclusive, royalty-free, perpetual, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and exploit your Registered User Content (including for profit), using any methods or technologies now known or developed in the future. Additionally, you grant us and our sublicensees the right—but not the obligation—to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with the authorized uses of the Registered User Content and for promoting the Websites, Sabrina Whitehorse Barnett, and our products and services. This may include displaying your Registered User Content, name, likeness, and photograph alongside advertising and other material, including for profit.
By submitting Registered User Content, you represent and warrant to Sabrina Whitehorse Barnett that the content is your original work (or that you have the right to provide it), that you have the necessary rights to grant the license described above, and that the content and its use by Sabrina Whitehorse Barnett and its content partners as permitted under this Agreement will not infringe or misappropriate the intellectual property or moral rights of any person, nor will it contain libelous, defamatory, or obscene material or violate our Community Guidelines.
8. Unsolicited Submissions; Communications with Us
We and our employees do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content, including for books, stories, articles, scripts, fan fiction, animations, shows, classes, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”). We kindly ask that you refrain from sending or providing any Unsolicited Submissions in any form. Our company policy is to delete any such Unsolicited Submission without reviewing it.
The intent of this section is to prevent potential misunderstandings or disputes when our products, services, or content may appear similar to an Unsolicited Submission that you have provided. If you still choose to submit these items to us, despite our request to refrain, the following conditions will apply to your submissions:
You acknowledge that there is no fiduciary or confidential relationship existing between you and us, and that no such relationship is established by your submission of any Unsolicited Submissions. You recognize that any materials developed, created, acquired, licensed, or obtained by us—or third-party materials we have accessed—may be similar or identical to your Unsolicited Submissions in theme, idea, plot, format, or other respects. You agree that you will not be entitled to any compensation due to the use of any material that resembles or duplicates the content you submitted. Consequently, you hereby release and forever discharge us from any claims, damages, legal fees, costs, and liabilities of any kind that arise from or are related to such materials.
While we welcome your emails with feedback and questions about our current products and services, please do not include any confidential information in these communications. Additionally, any feedback or questions you provide will be considered non-confidential and non-proprietary, and we are free to use and share them without compensation or attribution to you.
9. No Warranties; Limitations of Liability
The Websites and the Content are offered on an “as is” and “as available” basis without any warranties whatsoever, including but not limited to the assurance that the Websites will operate without errors or that the Websites, their servers, or the Content will be free from computer viruses or other harmful components.
We expressly disclaim all warranties, including warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose, along with any warranties arising from a course of dealing, performance, or trade usage. Regarding any claims related to warranties, contracts, or torts under common law:
– We and our licensors are not liable for any indirect, incidental, consequential damages, loss of profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Websites or the Content, even if we have been advised of the possibility of such damages.
– Any direct damages you incur as a result of using the Websites or Content are limited to the fees you have paid us for any purchases made within the three (3) months prior to the event that gave rise to the claim.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers in this section may not apply to you.
The Websites may contain technical inaccuracies or typographical errors or omissions. We are not obligated to maintain the accuracy of such information, nor are we responsible for errors in pricing or technical specifications. The Websites may discuss certain products and services which may not be available in all locations. Mention of a product or service on the Websites does not guarantee its availability in your location. We reserve the right to make changes, corrections, and improvements to the Websites at any time without notice.
10. External Sites
The Websites may feature links to third-party websites (“External Sites”). These links are offered solely for your convenience and not as our endorsement of the contents on such External Sites. The content on these External Sites is created and provided by others. If you have any concerns about these links or the content on the External Sites, you should contact the respective site administrator or webmaster. We are not responsible for the content on any linked External Sites and do not guarantee the accuracy or integrity of the materials found there. You should exercise caution when downloading files from all websites to protect your computer against viruses and other harmful programs. Accessing linked External Sites is at your own risk.
11. Representations; Warranties; and Indemnification
(a) As a Registered User, you affirm, guarantee, and agree that:
– You possess or have obtained the necessary licenses, rights, consents, and permissions for all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content, as well as all other works included in your Registered User Content, along with all necessary rights to grant the licenses and permissions outlined in this Agreement.
– Your use of your Registered User Content in the ways envisioned by this Agreement does not infringe or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
– You will not upload any Registered User Content to the Website that breaches our Community Guidelines or any other terms of this Agreement.
(b) You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, agents, successors, licensees, and assigns from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, but not limited to, reasonable legal and accounting fees, resulting from:
– Your violation of this Agreement;
– Your improper use of the Content or the Websites;
– Your infringement of any third-party rights, including but not limited to copyright, trademark, property, publicity, or privacy rights.
We will notify you of any such claims, suits, or proceedings and assist you, at your expense, in defending them. We reserve the right to take over the exclusive defense and control of any matter for which you are required to indemnify us, at your expense. In such a case, you agree to cooperate with us in defending the matter.
12. Compliance with Applicable Laws
The Websites are operated from the United States. We do not represent that the Content available on the Websites is appropriate or available for use in locations outside the United States. If you access the Websites or the Content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Regardless of your location, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the Agreement
We reserve the right to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites at any time and for any reason, without prior notice or liability. We also reserve the right to modify, suspend, or discontinue any part of the Websites at any time, also without prior notice or liability. Certain sections of this Agreement will continue to apply even after termination, including “Fees and Payment” (until all due fees and taxes are paid), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
14. Digital Millennium Copyright Act
Sabrina Whitehorse Barnett respects the intellectual property rights of others and adheres to all applicable copyright laws. We promptly address all claims of copyright infringement and will remove any Content found to be in violation of these laws. Our designated agent for handling notices of copyright infringement under the Digital Millennium Copyright Act (the “Act”) is:
Sabrina Whitehorse Barnett
Email: holisticadvisor9@gmail.com
If you believe that your copyrighted work has been improperly copied to the Websites, constituting copyright infringement, please send a notice to our agent with the following information, as required by the Act:
– A description of the copyrighted work that you claim has been infringed and the exact location on the Websites where such work can be found.
– A description of where the original or an authorized copy of the copyrighted work exists.
– Your address, telephone number, and email address.
– A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
– A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
– An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
15. Controlling Law
This Agreement and any disputes arising from it will be governed by the laws of the State of New York, regardless of its conflict of law principles.
16. Binding Arbitration
Should a dispute arise related to this Agreement, the Content, or the Websites (referred to as a “Dispute”), either party may choose to resolve it exclusively through binding arbitration, governed by the Federal Arbitration Act (“FAA”). This decision to arbitrate, once made, is final and binding on the other party. Choosing arbitration means relinquishing the right to litigate the claim in court or have a jury trial, except that claims may be brought in local small claims court if the rules of that court allow and it falls within its jurisdiction. Arbitration differs from court in that discovery and appeal rights are typically more limited. Disputes will be resolved by a neutral arbitrator jointly selected by the parties, and the arbitrator’s decision will be final, subject to a limited right of appeal under the FAA. The arbitration will be conducted under the rules and procedures of JAMS, either under its Comprehensive Arbitration Rules or, where appropriate, its Streamlined Arbitration Rules. Details and rules are available at the JAMS website www.jamsadr.com. Each party is responsible for its own fees according to JAMS’ guidelines. The resulting judgment from the arbitrator’s decision may be entered in any court with jurisdiction. This clause does not prevent parties from seeking temporary remedies in aid of arbitration from a suitable court. The arbitration may take place in person, via document submission, phone, or online, and if in person, will occur in the U.S. county of your residence. Parties may seek court intervention to enforce this arbitration agreement, stay proceedings pending arbitration, or to confirm, modify, or vacate the arbitrator’s decision. Parties agree to exchange relevant information voluntarily and informally immediately after arbitration begins. As noted in Section 18, this does not prevent us from seeking court-ordered injunctive relief to protect our rights.
17. Class Action Waiver
You agree that any arbitration or legal proceedings are limited to the Dispute between you and us alone. By law, (i) no arbitration or proceeding may be combined with another; (ii) no arbitration or proceeding may proceed on a class action basis or use class action procedures; and (iii) no arbitration or proceeding may be brought on behalf of the public or other parties in a representative capacity. YOU AGREE TO BRING CLAIMS AGAINST US ONLY AS AN INDIVIDUAL, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
18. Equitable Relief
You recognize that a breach or threatened breach of our intellectual property rights and confidential and proprietary information by you would cause us irreparable damage for which monetary damages are not an adequate remedy. As a result, we will be entitled to seek injunctive relief to enforce this Agreement. Without limiting other remedies available under this Agreement, we may seek any interim, equitable, provisional, or injunctive relief from any court of competent jurisdiction necessary to protect our rights and property until the arbitration referenced previously is resolved. You irrevocably consent to the jurisdiction of the federal and state courts located in the Borough of Fort Lauderdale, State of Florida, for the adjudication of any such actions by us.
19. Miscellaneous
Our failure to enforce any provision of this Agreement should not be interpreted as a waiver of that or any other provision. A waiver is only effective if it is in writing and signed by us, and it should not be considered a waiver in any other or future instances. Except as specifically agreed in writing between you and us, this Agreement constitutes the full agreement regarding the subject matter herein and supersedes all prior discussions, whether they are written or oral. The headings used in this Agreement are for convenience only and will not be considered in interpreting this document. This Agreement benefits our successors, assigns, licensees, and sublicensees.
