Terms of Service
Updated: February 20, 2026
Welcome to the websites and related services of Adrien Blackwell LLC (“AB,” “we,” “us,” or “our”), including adrienblackwell.com and makingmiracleshappenseries.com (collectively, the “Sites”). These Terms of Service (the “Terms”) govern your access to and use of the Sites and any products, services, classes, content, sessions, or other offerings made available by AB, whether paid or unpaid (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
These Terms incorporate our Privacy Policy by reference, which can be reviewed at https://adrienblackwell.com/privacy. By accessing or using the Services, you acknowledge that you have read the Privacy Policy and consent to the data practices described therein.
By agreeing to these Terms, you confirm that you are at least 18 years old, or the legal age required to enter into a binding agreement where you live. If you do not meet these requirements, you may not access or use the Services.
We may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
1. International Users and Mandatory Consumer Rights
The Services are operated from the United States. If you access or use the Services from outside the United States, you are responsible for compliance with applicable local laws.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be lawfully excluded or limited under the consumer protection laws applicable to you. If you are a consumer residing in any jurisdiction whose applicable laws provide mandatory consumer protections that cannot be contracted around, certain provisions of these Terms may not apply to you to the extent prohibited by applicable law. In such cases, the mandatory provisions of your applicable local law will govern to the extent required, and all other provisions of these Terms will remain in full force and effect.
2. Entertainment; No Professional Advice
All Services are provided for entertainment purposes only. The Services do not constitute medical, psychological, psychiatric, legal, financial, therapeutic, or other professional advice, diagnosis, or treatment. No fiduciary, advisory, therapeutic, or professional relationship is created by your use of the Services. You are solely responsible for any decisions or actions you take based on information provided through the Services. AB makes no guarantees regarding outcomes or results.
If you have a medical, psychological, legal, or financial concern, you should seek assistance from a licensed professional in your jurisdiction.
You are solely responsible for your own safety while using any downloaded audio recordings or similar products. Do not use audio recordings or downloads while driving or operating heavy machinery.
3. Intellectual Property
AB invests significant time, expertise, and creative effort into developing its materials and offerings. All materials made available through the Services, including but not limited to text, written materials, session content, audio recordings, video recordings, live or recorded classes, transcripts, downloadable materials, artwork, images, music, graphics, logos, branding elements, website design, user interface, compilation of content, and any AI assisted or technology assisted works (collectively, the “AB Content”), are owned exclusively by AB or used pursuant to a valid license and are protected by applicable intellectual property laws. In addition to AB Content, all trademarks, service marks, trade names, trade dress, logos, slogans, course names, event names, program names, proprietary frameworks, methodologies, spiritual guidance formats, written scripts, prompts, teaching structures, audio signatures, vocal likeness, copyrights, trade secrets, and other proprietary materials associated with AB (collectively, “AB IP”) are owned by AB or its licensors and are protected under applicable law.
Except for the limited license expressly granted below, no right, title, or interest in or to the AB Content or AB IP is transferred to you. All rights not expressly granted are reserved by AB. Subject to your compliance with these Terms, AB grants you a limited, non exclusive, non transferable, revocable license to access and use the AB Content solely for your personal, non commercial use. To protect the integrity of AB’s work, you may not reproduce, distribute, publish, publicly display, publicly perform, transmit, modify, adapt, translate, create derivative works from, sell, license, sublicense, scrape, data mine, reverse engineer, or otherwise exploit any AB Content or AB IP without AB’s prior written consent.
You may not record, copy, retransmit, excerpt, or redistribute any session, whether live or recorded, except where expressly authorized. You may not use AB Content or AB IP for the purpose of training artificial intelligence systems, creating derivative AI models, voice replication, likeness simulation, synthetic media generation, or any similar technological replication. You may not use AB’s name, trademarks, voice, likeness, or brand identity in a manner that suggests endorsement, affiliation, or sponsorship without prior written permission. Unauthorized use violates these Terms and infringes AB’s intellectual property rights. AB reserves the right to suspend or terminate your access to the Services and to pursue any remedies available under applicable law.
4. AI Assisted Content
AB may use artificial intelligence tools in connection with prerecorded materials, marketing content, voice, images, art, music, and transcription of sessions. Sessions may be recorded and transcribed using AI tools in accordance with applicable law. By participating in any recorded session, you acknowledge and consent to such recording and transcription where required by law.
Client submitted information is not used for AI training. You may not use the Sites, recordings, or any AB Content for data mining, automated extraction, model training, scraping, or similar technological purposes.
AB does not represent or warrant that AI assisted content is error free, unique, or suitable for any particular purpose.
5. Accounts and Future Access Model
To the extent AB implements a user account model for access to classes or digital materials, you are responsible for maintaining the confidentiality of any login credentials and for all activity under any account you create to access AB’s Services. You must immediately notify AB at ask@adrienblackwell.com of any unauthorized use of your account or any other breach of security. AB reserves the right to suspend or terminate accounts for violations of these Terms.
6. Prohibited Uses
You agree not to use the Services or any AB Content for any unlawful purpose or in violation of any applicable law. You may not: infringe upon or violate AB’s intellectual property rights or the rights of others, harass, abuse, defame, slander, disparage, or intimidate others, upload or transmit viruses or malicious code, attempt to gain unauthorized access to the Services or related systems, interfere with the security or functionality of the Services, or engage in scraping, data mining, automated extraction, or other improper use of the Services. AB reserves the right to suspend or terminate access for violations of this section.
7. Payments; Taxes
Prices are listed in U.S. Dollars unless otherwise stated. AB reserves the right to determine the method and terms of acceptable payment and may offer payment options such as credit card, debit card, PayPal, Square, or other methods made available from time to time. Payment in full, including any applicable taxes and shipping costs, is required at the time of purchase unless otherwise expressly agreed. AB is not obligated to provide Services or ship goods until payment has been received.
You are responsible for any sales tax, VAT, GST, duties, currency conversion fees, or other governmental charges associated with your purchase. If AB is required to collect or remit taxes, those amounts will be added where applicable. Paper correspondence regarding payments may be directed to 5050 Laguna Boulevard, Suite 112, Elk Grove, CA 95828.
AB reserves the right to refuse, limit, or cancel any order at its discretion, including orders that appear to be placed by resellers, distributors, or dealers, or that involve suspected fraud, unauthorized transactions, or misuse of the Services. If AB modifies or cancels an order, AB may attempt to notify you using the contact information provided at the time of purchase.
8. Rescheduled, Cancelled, and Missed Appointments
Requests to reschedule or cancel an appointment must be submitted at least forty eight (48) hours before the scheduled appointment time. Requests may be made by email to ask@adrienblackwell.com or by phone at (877) 547 7924 (Ext. 1), or through any scheduling method made available on the Sites. If you cancel, reschedule, or miss an appointment less than forty eight (48) hours before the scheduled time, the full session fee will be forfeited. At its discretion, AB may allow the amount paid to be applied as a credit toward a future session. Nothing in this section limits any rights you may have under applicable consumer protection laws.
If AB cancels a session due to illness, emergency, technical failure, or other circumstances beyond its reasonable control, AB will either reschedule the session within a reasonable time or issue a refund for that session, consistent with applicable law. Such cancellation will not constitute a breach of these Terms.
9. Digital Products
Digital products are delivered with immediate access unless otherwise stated. All sales of digital products are final once access has been provided. To the fullest extent permitted by applicable law, you waive any statutory right of withdrawal that would otherwise apply once digital content has been accessed or made available.
If you are a consumer residing in the European Union or United Kingdom, you have a statutory right to withdraw from a distance contract within fourteen (14) calendar days without giving any reason, unless an exception applies. By purchasing digital content that is not supplied on a tangible medium, you expressly request immediate performance of the contract and acknowledge that you lose your right of withdrawal once the digital content has been made available. Where required by applicable law, AB will provide confirmation of your express consent and acknowledgment in connection with your purchase. Consumers in other jurisdictions with equivalent statutory withdrawal rights retain those rights to the extent they cannot be lawfully excluded. Nothing in this Section limits any non waivable rights under consumer protection laws applicable to you.
10. Physical Goods; Shipping and Risk of Loss
For physical goods purchased through the Services, AB will arrange shipment through a carrier of its choosing. Title to and risk of loss pass to you upon delivery of the goods to the carrier, unless otherwise required by applicable law. Any delivery dates provided are estimates only. AB is not liable for delays caused by carriers, customs, weather, or other circumstances beyond its reasonable control. You are responsible for providing accurate shipping information. AB is not responsible for items lost or delayed due to incorrect address information supplied by you. Nothing in this Section limits any mandatory rights under applicable consumer protection laws.
11. Optional Tools and Third Party Services
AB may provide you with access to third party tools, platforms, or integrations over which AB neither monitors nor has any control or input. Any use of optional tools offered through the Services is entirely at your own risk and discretion. Such tools are provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement by AB. AB shall have no liability whatsoever arising from or relating to your use of optional third party tools. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). AB may, in the future, offer new services and or features through the Sites, including the release of new tools and resources. Such new features and or services shall also be subject to these Terms.
12. Errors and Corrections
Occasionally, information on the Sites or within the Services may contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, availability, or other details. AB reserves the right to correct any such errors, inaccuracies, or omissions and to update or cancel orders if any information is inaccurate at any time, including after an order has been submitted.
13. Refund Policy; Prepaid Sessions
Except as otherwise required by applicable law, refunds for goods or services are in the sole discretion of AB. Completed services are non refundable.
If you prepay for a specific session or service, that purchase secures the service at the price paid at the time of purchase. Prepaid sessions do not expire, and subsequent price increases will not apply. Prepaid sessions will be provided in accordance with these Terms, including the cancellation and rescheduling policy set forth herein.
Nothing in this section limits any non waivable statutory rights or remedies you may have under applicable consumer protection laws.
14. Discontinuation of Services
If AB permanently discontinues a Service, ceases operations, or is otherwise unable to perform prepaid but unperformed Services due to retirement, incapacity, death, or any other reason, AB will either provide a reasonably qualified substitute to fulfill the Services or issue a refund for the unused portion of any prepaid but unperformed Services. The value of prepaid but unperformed Services will not be forfeited.
15. Submissions; Reviews; Testimonials; Feedback
You may submit testimonials, reviews, comments, suggestions, ideas, questions, photographs, video clips, or other materials to AB, whether through the Sites, email, social media, live sessions, or otherwise (collectively, “Submissions”).
If you submit a testimonial, review, photograph, video, or similar content intended for publication, you grant AB a worldwide, perpetual, irrevocable, royalty free, fully paid, transferable, and sublicensable license to use, reproduce, publish, distribute, publicly display, publicly perform, modify, and otherwise use that Submission in any media now known or later developed for promotional, marketing, educational, or business purposes. If your Submission includes your name, image, voice, likeness, biographical information, or identifying details, you grant AB the right to use those elements in connection with the Submission without further compensation or approval. AB is not obligated to publish any Submission and may edit or remove Submissions at its discretion.
If you provide suggestions, ideas, concepts, proposals, improvements, or other feedback regarding the Services (collectively, “Feedback”), you acknowledge that such Feedback is provided voluntarily and without expectation of compensation. AB is free to use, implement, modify, or disregard any Feedback for any purpose, without restriction and without obligation to you. No confidential, fiduciary, or contractual relationship is created by your submission of Feedback, and you waive any claim for compensation, credit, or approval arising from AB’s use of such Feedback.
You represent that you have all rights necessary to provide any Submission and to grant the rights described above. Nothing in this Section limits any non waivable rights you may have under applicable data protection or consumer protection laws.
16. Non Derogatory Statements
You agree not to make or publish any knowingly false, misleading, or defamatory statements about AB, its Services, or its representatives.
Nothing in this section restricts your right to provide truthful reviews or share honest opinions based on your actual experience. This provision does not limit rights protected under applicable consumer protection laws, including the U.S. Consumer Review Fairness Act or equivalent laws in other jurisdictions.
17. Mobile Carriers and Mobile Services
AB provides entertainment services by phone and internet, and may also provide entertainment services via other forms of communication. The Sites may include certain services that are available via a mobile device (collectively, the “Mobile Services”). To the extent you access the Sites or use Services through a telephone or mobile device, your telecommunications or wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Certain information about your usage of the Mobile Services may be communicated to AB.
18. Disclaimer of Warranty
THE SERVICES AND ALL AB CONTENT, INCLUDING ANY AI ASSISTED MATERIALS, PRERECORDED CONTENT, TRANSCRIPTIONS, AUTOMATED OUTPUTS, MARKETING MATERIALS, OR TECHNOLOGY ENABLED FEATURES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY.
All Services are provided for entertainment purposes only. Spiritual guidance, intuitive services, healing sessions, classes, digital materials, and any AI assisted outputs are inherently subjective in nature and are not a substitute for medical, psychological, psychiatric, financial, legal, or other professional advice. No information provided through the Services, whether delivered directly by AB or generated, assisted, or transcribed by artificial intelligence tools, should be relied upon as professional advice.
AB makes no representations or guarantees regarding outcomes or results from use of any Services. You acknowledge that AB makes no representations regarding the outcome of any Services, and you have not been induced by any such representations in deciding to use the Services. You assume full responsibility for evaluating the accuracy and appropriateness of any information provided and for any decisions or actions you take based on the Services. AB does not warrant that the Services will be uninterrupted, secure, error free, or free from technological issues, including issues arising from third party platforms, hosting providers, telecommunications systems, or AI tools.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, OR ARE CONSIDERING HARMING YOURSELF OR OTHERS, YOU SHOULD IMMEDIATELY CONTACT A LICENSED MEDICAL PROFESSIONAL, CALL YOUR LOCAL EMERGENCY NUMBER, OR SEEK OTHER QUALIFIED EMERGENCY ASSISTANCE. THE SERVICES ARE NOT A SUBSTITUTE FOR EMERGENCY CARE OR PROFESSIONAL MEDICAL OR MENTAL HEALTH TREATMENT.
If you are a consumer residing in a jurisdiction with non waivable statutory guarantees, nothing in these Terms excludes, restricts, or modifies any guarantees, rights, or remedies that cannot lawfully be excluded.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AB’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO AB FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Any claim must be brought within six (6) months after the claim arises, or within any longer minimum period required under applicable law in your jurisdiction.
To the maximum extent permitted by law, you expressly waive the provisions of California Civil Code § 1542, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
To the extent similar laws exist in your jurisdiction, you waive such rights to the maximum extent permitted and not prohibited by law.
Nothing in this Section limits or excludes liability to the extent such limitation or exclusion is prohibited under applicable law, including liability for death or personal injury caused by gross negligence where such exclusion is not permitted, fraud or fraudulent misrepresentation, or any statutory rights that cannot lawfully be limited.
International Users: If you are a consumer residing outside the United States, nothing in this Section excludes, restricts, or modifies any rights or remedies that cannot be excluded under the consumer protection laws applicable to you.
20. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AB, its members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your access to or use of the Services, your violation of these Terms, your misuse of any AB Content, your infringement of any intellectual property or other rights of any third party, or your submission of any content, testimonials, or other materials.
This indemnification obligation includes, without limitation, claims arising from unauthorized recording or redistribution of sessions, scraping or data extraction, misuse of AB’s name, likeness, voice, trademarks, or proprietary materials, or use of the Services in a manner that violates applicable law. AB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate fully in the defense of such matter. You may not settle any claim without AB’s prior written consent if such settlement would impose any obligation or liability on AB. This indemnification provision shall survive termination of these Terms and your use of the Services. Nothing in this Section requires you to indemnify AB to the extent such obligation is prohibited under applicable consumer protection laws.
21. Termination
AB may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or engage in conduct that AB reasonably determines may harm AB, its business, its intellectual property, its users, or third parties. AB may also terminate or suspend the Services, in whole or in part, at its discretion, subject to applicable law. Upon termination, your license to access and use the Services and AB Content immediately ceases. You must discontinue all use of the Services and AB Content. Termination shall not affect any rights or obligations that accrued prior to termination. If termination results from your violation of these Terms, you will not be entitled to any refund except to the extent required under applicable law. Termination does not limit AB’s right to pursue any other remedies available under applicable law.
22. Copyright and DMCA
AB respects the intellectual property rights of others. If you believe in good faith that content made available through the Services infringes your copyright, you may notify AB’s designated copyright agent in writing at copyright@adrienblackwell.com or by mail to Adrien Blackwell LLC, Attn: Copyright Agent, 5050 Laguna Boulevard, Suite 112, Elk Grove, CA 95828. To be effective under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, your notice must identify the allegedly infringing material and its location, include your contact information, contain a good faith statement that the use is not authorized, and be signed under penalty of perjury by the copyright owner or authorized agent. Please be advised that under 17 U.S.C. § 512(f), knowingly misrepresenting that material is infringing may subject you to liability.
23. Dispute Resolution
(a) Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any interaction between you and AB, the parties agree to first attempt to resolve the matter informally. The party asserting the dispute must provide written notice describing the nature of the claim and the relief sought. The parties shall engage in good faith efforts to resolve the dispute for a period of thirty (30) days from receipt of such notice before initiating arbitration or other formal proceedings, except as expressly provided below.
(b) Mandatory Binding Arbitration; Small Claims Court
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AB EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER SUCH CLAIM IS BROUGHT IN ARBITRATION, SMALL CLAIMS COURT, OR ANY COURT OF COMPETENT JURISDICTION.
To the fullest extent permitted by law, any dispute not resolved during the Informal Resolution Period shall be resolved exclusively by final and binding arbitration on an individual basis, except that either party may pursue an individual claim in small claims court if the claim qualifies and remains within that court’s jurisdictional limits. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time arbitration is initiated, unless mandatory law in your jurisdiction requires a different dispute resolution mechanism. Arbitration shall be conducted before a single arbitrator.
Unless mandatory law requires otherwise, arbitration shall take place in Sacramento County, State of California, United States of America. The arbitration may be conducted remotely by video conference, teleconference, or written submission where permitted by applicable rules. Arbitration proceedings shall be conducted in English. The cost of translating any documents submitted in connection with the arbitration shall be borne by the party seeking the translation, unless otherwise required by mandatory law. Discovery in arbitration shall be limited to that which is reasonably necessary to fairly present the parties’ claims and defenses. The arbitrator shall have authority to issue protective orders and limit discovery to prevent undue burden or disclosure of confidential information. The arbitrator shall have the authority to award all remedies that would be available in a court of competent jurisdiction, subject to the limitations of liability set forth in these Terms. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
If you are a consumer residing in the European Union, you are not required to submit to mandatory arbitration and may bring disputes before the courts of your EU member state of residence. Consumers in any other jurisdiction where mandatory arbitration is prohibited or restricted under applicable consumer protection law are likewise not required to submit to mandatory arbitration to the extent so prohibited. Nothing in this subsection deprives any consumer of mandatory rights under their applicable law.
(c) Class Action Waiver
To the fullest extent permitted by law, all claims must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action. If you are a consumer residing in a jurisdiction where class action waivers are prohibited, this subsection shall not apply to you to the extent prohibited by law.
(d) Right to Opt Out
You may opt out of the mandatory arbitration and class action waiver provisions of these Terms by sending written notice of your decision to opt out to optout@adrienblackwell.com or by mail to Adrien Blackwell LLC, Attn: Legal, 5050 Laguna Boulevard, Suite 112, Elk Grove, CA 95828, within thirty (30) days of the date you first access or use the Services. Your notice must include your name, the email address associated with your account or purchase, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions. If you opt out, all disputes will be resolved in accordance with Section 23(g) below. Opting out does not affect any other provision of these Terms.
(e) Injunctive Relief
Notwithstanding the foregoing dispute resolution provisions, AB may seek immediate injunctive, equitable, or other provisional relief in any court of competent jurisdiction to prevent actual or threatened harm, including claims involving intellectual property infringement, unauthorized recording or redistribution of sessions, misuse of trademarks, scraping, data extraction, or unauthorized use of name, likeness, or voice. You acknowledge that such violations may cause irreparable harm for which monetary damages would be inadequate. To the fullest extent permitted by applicable law, AB shall be entitled to seek such relief without the necessity of posting bond or other security. Any such relief is cumulative and in addition to, and not in lieu of, any other remedies available to AB at law, in equity, or under these Terms, and the pursuit of injunctive or provisional relief shall not limit AB’s right to pursue any other available remedy.
(f) Attorney Fees
In any action or proceeding arising out of or relating to unauthorized use of AB Content, intellectual property infringement, scraping, data extraction, unauthorized recording, or violation of Section 3 (Intellectual Property) or Section 4 (AI Assisted Content) of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by applicable law.
(g) Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute not subject to arbitration under these Terms shall be resolved exclusively in the state or federal courts located in Sacramento County, State of California, United States of America, and you consent to personal jurisdiction and venue in such courts. If you are a consumer residing outside the United States, nothing in this Section deprives you of mandatory rights provided by the laws of your country of residence.
24. Other Terms
(a) Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified only to the extent necessary to make it enforceable while preserving its intent, and the remaining provisions shall remain in full force and effect.
(b) No Waiver
The failure of AB to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of AB.
(c) Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without AB’s prior written consent. Any attempted assignment in violation of this provision shall be void. AB may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
(d) No Partnership
Nothing in these Terms shall be construed to create any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between you and AB. You have no authority to bind AB in any manner.
(e) Force Majeure
To the fullest extent permitted by applicable law, AB shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to illness, medical emergencies, acts of God, natural disasters, governmental actions, labor disputes, power failures, internet or telecommunications interruptions, cyber incidents, failures of hosting providers or technology vendors, or third party platform outages.
(f) Third Party Websites and Links
The Services may contain links to third party websites, platforms, or resources that are not owned or controlled by AB. Such links are provided for convenience only. AB does not endorse, control, or assume responsibility for the content, policies, practices, or availability of any third party websites or services. Your interactions with third party websites are solely between you and the third party and are subject to the third party’s terms and policies. AB shall not be responsible or liable for any loss or damage arising from your use of any third party website or service.
(g) Intellectual Property Concerns
AB respects the intellectual property rights of others. If you believe that any content available through the Services infringes your intellectual property rights and your concern does not involve a copyright claim governed by Section 22, please contact AB at ask@adrienblackwell.com with sufficient information to identify the material at issue and the basis for your concern. AB will review and address appropriate requests in good faith and in accordance with applicable law.
(h) Electronic Communications
By accessing or using the Services, you consent to receive communications from AB electronically, including agreements, notices, disclosures, updates, confirmations, invoices, and other communications related to the Services. You agree that electronic communications, including those sent by email or posted on the Sites, satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law. You are responsible for maintaining a current and accurate email address and for ensuring that communications from AB are not blocked or filtered. AB shall not be responsible for any failure to receive communications due to incorrect contact information or technical issues outside AB’s reasonable control. Nothing in this Section limits any rights that cannot be waived under applicable law.
(i) Modifications to Terms
AB reserves the right to update or modify these Terms at any time. Updated Terms will be posted on the Sites with a revised “Updated” date. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms, except where applicable law requires additional notice or consent. Any modifications will not apply retroactively to disputes arising prior to the effective date of the updated Terms.
(j) No Third Party Beneficiaries
These Terms are for the benefit of you and AB only and do not confer any rights or remedies upon any third party, except as expressly provided herein.
(k) Interpretation
Headings are for convenience only and do not affect interpretation. The words “including” and “include” shall be deemed to mean “including without limitation.” Any ambiguities in these Terms shall not be construed against the drafting party.
(l) Governing Language
These Terms are written in the English language. Any translation is provided for convenience only. In the event of any inconsistency between a translated version and the English version, the English version shall control to the extent permitted by applicable law.
(m) Survival
The provisions of these Terms that by their nature should survive termination shall survive, including without limitation: Section 3 (Intellectual Property); Section 4 (AI Assisted Content); Section 15 (Submissions; Reviews; Testimonials; Feedback); Section 16 (Non Derogatory Statements); Section 18 (Disclaimer of Warranty); Section 19 (Limitation of Liability); Section 20 (Indemnification); Section 21 (Termination); Section 22 (Copyright and DMCA); Section 23 (Dispute Resolution); and this Section 24 (Other Terms), together with any other provision that by its nature is intended to survive termination.
(n) Entire Agreement
These Terms constitute the entire agreement between you and AB regarding the Services and supersede all prior or contemporaneous communications, understandings, representations, or agreements, whether oral or written. No oral modification, waiver, or amendment shall be binding. Any amendment to these Terms shall be effective only as provided in this Section 24(i).
25. Contact Information
Questions about these Terms should be sent to us at ask@adrienblackwell.com or +1 877.547.7924 (Ext. 1).
Copyright and DMCA notices should be directed to copyright@adrienblackwell.com or by mail to Adrien Blackwell LLC, Attn: Copyright Agent, 5050 Laguna Boulevard, Suite 112, Elk Grove, CA 95828.