Terms & Conditions
Last updated: July 23, 2024
Please read these terms and conditions carefully before using Our Website and Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
You means the individual accessing or using the Website or Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Service, as applicable.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 823 Group Arizona, DBA Flipside of Midlife, 4301 E Lewis Ave, Phoenix, AZ 85008.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Website refers to 823 Group Arizona, DBA Flipside of Midlife, accessible from www.flipsideofmidlife.com, and its associated pages, Content, email list, social media posts, blog posts, podcasts, templates, contracts, forms, or guides, eBooks, forms, guides, worksheets, workbooks, website materials, and/or templates available on the Website.
Content refers to any and all written, visual, video, or audio information contained on the Website, including, but not limited to, any and all emails received from or on behalf of 823 Group Arizona, DBA Flipside of Midlife, or www.flipsideofmidlife.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on www.flipsideofmidlife.com, such as blog posts, images, videos, graphics, designs, documents, information, templates, and materials.
Service refers to health and wellness coaching sessions, movement sessions, digital courses and workshops, group courses or programs, webinars, free or paid events, ELEVATE membership, and related materials provided by 823 Group Arizona, DBA Flipside of Midlife.
Purchase, Purchased, Purchasing, Downloading or Download means any Content (as defined herein) or Services (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Website (as defined herein).
Country refers to: Arizona, United States
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
Device means any device that can access the Website such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website or Service
Goods refer to the merchandise items offered for sale on the Website.
Orders mean a request by You to purchase Services or Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website or Service.
Acknowledgement
These are the Terms and Conditions governing the use of this Website and Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website and Service.
Your access to and use of the Website or Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Website or Service.
By accessing or using the Website or Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website or Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website or Service.
Your access to and use of the Website or Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Disclaimer of the Company.
Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website or Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website or Service.
Our Disclaimer explains who we are, what we do, and what we don’t do. Please read our Disclaimer carefully before using our Website or Service.
services
Your information
If You wish to Purchase Services available on the Website, You may be asked to supply certain information relevant to Your purchase including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your purchase.
wellness coaching sessions
Details of Our Wellness Coaching Sessions are explained in a separate contract agreed upon by You and the Company prior to starting a program.
wellness events
Select events may require each participant to have a signed waiver on file prior to the start of the event. Waivers may be completed electronically or in person.
canceling wellness events
PLEASE NOTE: Some Wellness Events may not be refundable or eligible for an event credit. If this is the case, it will be clearly stated within the event description.
For all other Wellness Events
When canceling your event attendance, a minimum of 24 hours notice is required to avoid forfeiting your event fee.
To cancel your attendance more than 24 hours in advance, please do so using the link in your confirmation email or visit your Acuity Scheduling confirmation page.
Cancelations received more than 24 hours before an event are eligible for a full refund (minus a 5% processing fee) or event credit to be used within 60 days of the canceled event. When you cancel, we will reach out to you within 24 hours to determine which option you prefer. Refunds will be credited to the original form of payment within 10 days of the cancelation.
If you do not notify 823 Group Arizona, DBA Flipside of Midlife of the need to cancel at least 24 hours in advance, the event fee will be forfeited and no event credit will be issued. Refunds will not be issued.
If 823 Group Arizona, DBA Flipside of Midlife cancels a Wellness Event, you will have the option of an event credit to be used within 60 days of the canceled event or receive a full refund. Refunds will be credited to the original form of payment within 10 days of the cancelation.
movement sessions
Movement sessions (and other select events) require each participant to have a signed waiver on file prior to the start of a session. Waivers may be completed electronically or in person.
online courses & workshops
Fees for online courses and workshops are not refundable unless stated otherwise. If you are dissatisfied with an online course or workshop, please email Karli at karli@flipsideofmidlife.com to discuss your options.
Rescheduling & Canceling Movement Sessions
When rescheduling or canceling, a minimum of 24 hours notice is required to avoid forfeiting your session fee.
To reschedule or cancel a movement session more than 24 hours in advance, please do so using the link in your confirmation email or visit your Acuity Scheduling confirmation page.
Cancelations received more than 24 hours before a scheduled movement session are eligible for a full refund (minus a 3% processing fee) or session credit to be used within 60 days of the canceled session. When you cancel, we will reach out to you within 24 hours to determine which option you prefer. Refunds will be credited to the original form of payment within 10 days of the cancelation.
To reschedule or cancel a movement session 24 hours or less in advance, contact Karli at 602-705-6822 (text or call) or karli@flipsideofmidlife.com.
If you do not notify 823 Group Arizona, DBA Flipside of Midlife of the need to reschedule or cancel at least 24 hours in advance, the movement session fee will be forfeited and no session credit will be issued. Refunds will not be issued. This includes circumstances where our instructor is unable to access the session location, is turned away, or the client is unavailable.
If 823 Group Arizona, DBA Flipside of Midlife cancels your scheduled movement session and is unable to give you at least 24 hours notice, you will have the option to reschedule the missed session or receive a full refund. Refunds will be credited to the original form of payment within 10 days of the cancelation.
Payments
All Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Discover, or JCB cards.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Service.
placing orders for goods
By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.
your information
If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancelation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Order Cancelation Policy
You may cancel your Order, for any reason, and receive a full refund provided your Order has not been shipped. Once an item is shipped, the terms of our Order Return policy will take effect. To cancel Your Order, contact Karli at karli@flipsideofmidlife.com.
Order return Policy
PLEASE NOTE: Purchases and returns are limited to the United States (including AK, HI, & DC).
You may return items at your cost within 30 days of the ship date for a refund to the original form of payment or merchandise credit (minus a 5% processing fee).
Returns must be received by 823 Group Arizona, DBA Flipside of Midlife within 30 days of the original ship date.
Items must be unworn/unused and in their original condition. Returns will not be accepted otherwise.
Shipping costs are not refunded or credited. We do not accept C.O.D. deliveries.
Items marked Final Sale are not eligible for a refund or merchandise credit.
Returns take up to 7 business days to process once they arrive. Refunds may take 2-3 business days to reflect on your original form of payment (depending on your financial institution). Merchandise credits are issued via email.
Damaged or defective merchandise must be notified to our team within 14 days of the delivery date.
To return Your Order, contact Karli at karli@flipsideofmidlife.com.
If you have questions about the order cancellation or return policies, contact Karli at karli@flipsideofmidlife.com.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Website. The Goods available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Discover, or JCB cards.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
ELEVATE MEMBERSHIP
mEMBERSHIP DETAILS
ELEVATE is a monthly paid membership subscription for women in midlife and beyond. Its purpose is to provide a library of wellness tools and other resources to help members boost their overall well-being and satisfaction with life.
ELEVATE members subscribe for a monthly fee of $25 USD. The membership includes access to exclusive content and extended podcast episodes, virtual opportunities to connect with other members, and discounts on select services and merchandise.
mEMBERSHIP fees and billing
ELEVATE members subscribe for a monthly fee of $25 USD (plus applicable taxes). Upon joining, a member is charged $25 (plus applicable taxes) regardless of the date. On the first of the next month, the member is charged a prorated amount based on the date joined in the previous month. The member is then considered on schedule and will be charged $25 (plus applicable taxes) on the first of each month going forward until canceled.
An example: The member joins on April 15th and is charged $25 (plus applicable taxes). On May 1st, the member is charged a prorated amount of $12.10 (plus applicable taxes). On June 1st, and each month hereafter, the member is charged $25 (plus applicable taxes).
Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express, Discover, or JCB cards.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of ELEVATE content.
cancellations and refunds
ELEVATE members may cancel their membership at any time without penalties. Members retain access to ELEVATE membership content through the last day of the current month.
To cancel your ELEVATE membership, send an email to support@flipsideofmidlife.com with the subject line CANCEL MY MEMBERSHIP
Refunds are not issued since members retain access to ELEVATE membership content through the entire billing period. If a form of payment is declined for any reason, members may lose access to ELEVATE content until the payment issue is resolved.
membership access
ELEVATE members access their exclusive content on a password-protected section of flipsideofmidlife.com. Additional ELEVATE content will be hosted on a third-party platform called Searchie. ELEVATE members will create a profile on Searchie and login to access this content.
Members retain access to ELEVATE content as long as their subscription is in good standing. If a form of payment is declined for any reason, members may lose access to ELEVATE content until the payment issue is resolved.
intellectual property
The ELEVATE membership and its original written, visual, video, or audio content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
This includes but is not limited to, any and all emails received from or on behalf of 823 Group Arizona, DBA Flipside of Midlife, or www.flipsideofmidlife.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered as part of the ELEVATE membership, such as images, videos, written posts, logos, graphics, designs, documents, information, templates, and materials. Content may not be shared without the prior written consent of the Company. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained or provided in the ELEVATE membership is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using Our intellectual property immediately.
The ELEVATE membership is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Request for Permission to Use Content
If you wish to use, publish, or refer to any of Our Content, Services, or related materials, you must do so by requesting permission prior to commencing use of the same by emailing hello@flipsideofmidlife.com. Permission is not granted until you receive such permission in writing.
Notification of Use
We are not obligated to notify you or anyone of our use in our own publications of photographs or other images you submit to us by default or voluntarily.
code of conduct
The ELEVATE membership is dedicated to providing support and inspiration for women in midlife and beyond. As an ELEVATE member, you are asked to be kind and respectful as you engage with and support other women in the ELEVATE community.
View Our complete ELEVATE Code of Conduct HERE.
Members who violate the ELEVATE Code of Conduct will lose membership access and their membership will be terminated.
privacy policy
The Company is committed to protecting your privacy online. Our complete Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use this Website or Our ELEVATE membership and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Website and Our ELEVATE membership. By using the Website or Our ELEVATE membership, You agree to the collection and use of information in accordance with this Privacy Policy.
View Our complete Privacy Policy HERE.
dispute resolution
If You have any concern or dispute about the Website or ELEVATE membership, You agree to first try to resolve the dispute informally by contacting the Company.
liability disclaimer
ELEVATE members use the corresponding content and benefits at their own risk.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
changes to terms and conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a change is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.
By continuing to access or use Our Website or ELEVATE membership after those changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and ELEVATE membership.
governing law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Website and ELEVATE membership.
Your use of the Application may also be subject to other local, state, national, or international laws.
severability clause
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
entire agreement
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
contact us
If you have any questions about these Terms & Conditions, our Privacy Policy, or Disclaimer, please email us at hello@flipsideofmidlife.com.
promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
intellectual property
The Website and its original written, visual, video, or audio content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
This includes but is not limited to, any and all emails received from or on behalf of 823 Group Arizona, DBA Flipside of Midlife, or www.flipsideofmidlife.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on www.flipsideofmidlife.com, such as images, videos, blog posts, logos, graphics, designs, documents, information, templates, and materials. Content may not be shared without the prior written consent of the Company. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained or provided in Our Services is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using Our intellectual property immediately.
The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Request for Permission to Use Content
If you wish to use, publish, or refer to any of Our Content, Services, or related materials, you must do so by requesting permission prior to commencing use of the same by emailing hello@flipsideofmidlife.com. Permission is not granted until you receive such permission in writing.
Notification of Use
We are not obligated to notify you or anyone of our use in our own publications of photographs or other images you submit to us by default or voluntarily.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Website and Service.
Your use of the Application may also be subject to other local, state, national, or international laws.
Dispute Resolution
If You have any concern or dispute about the Website or Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a change is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.
By continuing to access or use Our Website or Service after those changes become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact Us
If you have any questions about these Terms & Conditions, our Privacy Policy, or Disclaimer, please email us at hello@flipsideofmidlife.com.