Terms of Service
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using silviapencak.com ("the Site") and its products and services. This Agreement sets forth the legally binding Terms of Service for your use of the Site at silviapencak.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by the Powerful Life Consulting without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Each time you use or cause access to this website, you agree to be bound by these Terms of Service, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Service. Please see our Privacy Policy, which is incorporated into these Terms of Service by reference.
Failure to abide by these rules can result in immediate termination of access to this Site, without refund or recourse.
We will post any changes to Terms of Service on the Site and, where appropriate and practicable, notify you by email. All changes to the Terms of Service will be effective upon posting to the Site. Please be sure to regularly check our Terms of Service before using the Site. Continued use of the Site shall indicate your acceptance of any changes to Terms of Service.
- Exclusive Rights. Our website and services are provided to you on and through our website on an "AS IS" basis. You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timelines, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Moreover, due to the nature of our services we do not offer refunds.
- Affiliate Disclaimer. We may be an affiliate for products that we recommend. If you purchase those items through our links we will earn a commission. You will not pay more when buying a product through our links. In fact, we oftentimes are able to negotiate a lower rate (or bonuses) not available elsewhere. Plus, when you order through our links, it helps us to continue to offer you lots of free stuff. :) Thank you in advance for your support!
- Amazon Disclosure. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
- No Guarantee of Results. We do not guarantee that you will achieve any specific health, personal relationships, financial or other results or earn any specific amount of income or reach any particular goal. The information provided is provided only on an informational basis and is only for your personal use. If you use such information, you do so at your own risk and are solely responsible for any decisions and actions that result from your decision to use of such information. We will never provide relationship, legal, investment, professional, tax or financial advice. There is no assumption of responsibility for any errors or omissions that may appear in any program materials or written information. Entrepreneurship, leadership and personal growth involve risk and hard work. Always consult with your financial, tax, finance, legal and business professionals. Any testimonials showing our success or our clients’ success are not to be interpreted as common, typical, or expected. It takes education, drive and hard work to reach your goals.
- Warranty of Products. The Powerful Life Consulting DOES NOT ISSUE OR GIVE WARRANTIES FOR ANY PRODUCTS SOLD BY USING OUR SITE SOME PRODUCTS MAY INCLUDE MANUFACTURER WARRANTY BUT YOU MUST REACH OUT TO THEM ON AN INDIVIDUAL BASIS TO FIGURE OUT WHAT WARRANTIES ARE APPLICABLE. MOREOVER, ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. The Powerful Life Consulting DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SERVICE OR PRODUCT(S) SHOULD THE SERVICE OR PRODUCT(S) PROVE DEFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY The Powerful Life Consulting AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
In order to use this website, you must register on our Site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Service and as may be modified by us from time to time and available here.
- Data. Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
- Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
- Use of Digital Products. Any purchaser of our digital products may use and install our product(s) on any and all systems that the user personally uses or owns including but not limited to their home desktop, laptop, a work computer, tablet, etc. However any purchaser of our digital products agrees not to install this or any other digital product that we sell on any device which you personally do not use or on any device that is used 50% or more of the time by another party or parties except in the case that you may want to create a backup copy on another device(s). In addition, when any purchaser ceases to be the main user of the device or devices in which the digital product is installed the purchaser will delete any and all digital products from that device.
- Transfers of Ownership. You agree that if we transfer ownership or management of the Website or jenniferallwood.com to a third party we may also transfer your Personal Information and any other data or information you have provided to us to such third party, provided such third party agrees to observe this Privacy Policy. jenniferallwood.com may change this Privacy Policy from time to time to accurately reflect how we gather and manage User information.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
- You explicitly agree, in using this web site or any service provided, that you shall not:
- provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
- impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
- collect or harvest any data about other users;
- provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
- We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our site, forum, bulletin board, chat room, or any other user interactive area of our site.
- We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our site, forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
- You are fully responsible for your own statements and materials that you post in our site, forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
- As a participant in our site, forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our site, forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
- Important Communication Note: When opting to do shares through our sites social accounts we own based on the service you have subscribed to when you placed an order for your campaign may be shared through third party accounts. Moreover, please note since when shares are conducted through a 3rd party service we will not have the ability to access the amount of friends/followers one may have.
We do not try to edit or to monitor messages posted on this site, but we reserve the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from posting to this site, or even have their subscription terminated.
All products and services remain The Powerful Life Consulting's property until full payment is made. The price applicable is that set at the date on which you place your order. Service costs, Product costs, Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parent's permission to by from the Powerful Life Consulting.
- Currency. All the prices on our website are in USD.
- Transaction security. All transfers conducted through the Powerful Life Consulting are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms of service for the payment gateway chosen for the transaction as they are responsible for the transactions made.
- Taxes. Our business is based in Canada and all our Canadian customers will be required to pay tax on top of our product price. Local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges will be added to the base price automatically at the time of purchase and are at the customer's own expense.
- Placing an order. After you've discovered an item you'd like to purchase, click on the order button. Make sure you follow the guidelines on the order page. In the event that you are requesting more than one item, please utilize our "add to cart" feature. Orders will be made available immediately after payment has been made and verified.
- Access. There is no refund at all on any digital products. You will receive access to our training platform for the amount of time that was stated on the product description you purchased. If you have any problems accessing the digital content you have purchased please contact us immediately during the hours of 9 AM – 5 PM EST, Monday through Friday, so we can resolve the issue. Digital Access is deemed fully delivered when the email is sent to the email address used to sign up for the services. If you do not receive the digital access link within 5 calendar days of signing your service agreement, it is incumbent upon you to contact us to inform the Company that you have not received the link. If you have not sent an email to notify the Company that you have not received the link and the email was delivered to your email address, the digital assets are deemed fully delivered.
- Cancellation. If you have subscribed to the month-to-month or annual Training program, to cancel your subscription please visit silviapencak.com/cancel and select “Individual Account” and follow the prompts. Please be advised, that the cancellation of the monthly subscription is effective in the month in which you have cancelled. There are no refunds regardless of usage of the product. All digital and downloadable product sales are final. We do not offer digital product refunds, once a download/digital access has been assigned to you there is nothing we can retrieve back. Please be advised that any and all agreements for downloadable/digital products, our On Demand digital products are NOT subject to cancellation, refund or store credit. We do not accept any verbal modifications of these Agreements and the “no refund and no cancellation” policy stated in the Agreements is strictly adhered to. AFTER the full term of the agreement has expired, you may request to cancel the automatic renewal of the Agreement or your Agreement will be converted into a month-to-month Agreement. Any cancellations submitted prior to the full term of the agreement will only cancel the auto renewal and your monthly invoices will still be due and owing until the full value of the agreement has been paid in full. ALL SET UP FEES ARE NONREFUNDABLE AS THEY ARE SERVICES RENDERED TO CREATE YOUR ACCOUNT. Agreements with a 90 day opt out clause do not include a refund on the initial investment. There is NO refund on digital products or build-out fees. By signing the Agreement, you agree to all Terms of Service and our Refund Policy including that you agree to do not do a charge back for any services rendered, or for digital products that have been delivered. You also agree and acknowledge that you are paying in monthly installments on your total contract value as a payment plan, not a recurring subscription fee.Cancelling or removing the credit card on file does not cancel your subscription and violates the terms of the agreement. If at any time you have delinquent invoices past 90 days, or the account is paid delinquently for three consecutive payments, your account will be suspended, and you will still be liable for the full contract value through the term of the agreement.If you have any problems accessing the digital content you have purchased please contact us immediately during the hours of 9 AM – 5 PM EST, Monday through Friday, so we can resolve the issue. Digital product purchases do not grant rights to the buyer to share, reproduce or resell the product in any way.
- Gift Certificates and Coupon Codes. If you have received a coupon code for free merchandise or a gift certificate for merchandise from the Company or any of its affiliates, the coupon code or gift certificate is only good for a single use and up to the value on the code or card. Any physical items purchased are in accordance with the refund policy and digital products are nonrefundable and not eligible for exchange or store credit.
Our goal is to provide the utmost positive and satisfying shopping experience at The Powerful Life Consulting.
We do not issue refunds or exchanges due to the digital nature of our business.
If applicable at any point of conducting business with us shipping costs are not refundable & return-shipping costs will be the responsibility of the buyer.
Due to the nature of our processes our orders will be made available immediately after payment has been made and verified.
If you have not been given access to your order immediately after payment is made and verified the Powerful Life Consulting will contact buyer and update will be given regarding the order.
Unless requested, deliveries will be sent with No Signature Required.
We are committed to securing the private information that you share with us. The Powerful Life Consulting will never share or sell any of your personal information, including your email address.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
We reserve the right to remove members from our groups and social media pages at any time for any reason. Anyone who is removed from a paid group will receive a prorated refund for the time remaining until his/her next billing date.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at our CONTACT page.
The Powerful Life Consulting takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- Applicable Law. You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
- Indemnification.You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co- branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
- Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
- Force Majeure. Neither party will be responsible for failure to perform any obligation under these Terms due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
- Arbitration. For any disputes or discrepancies you may have with The Magic Brush, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. - Miscellaneous.
- In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
- The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
- You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Service and we shall be relieved of any further obligation.
This Agreement was last modified on May 22, 2024.