Privacy Policy

Privacy Policy

We at Yes Tree Counseling LLC & DBA Grief Freak respect Your privacy. This Privacy Policy  is designed to explain how We collect, use, share, and protect the personal information You  provide to Us when You access Our website, purchase Our goods or services, or engage with  Us on social media, as well as Your own rights to the information We collect.  

Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by  changing the “last updated” date at the top of this Policy. Any changes become effective  immediately upon publication on Our website, and You waive specific notice of any changes to  the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy  Policy periodically, when You use Our website for any purpose or engage with Us on social  media. You are deemed to have accepted any changes to any revised Privacy Policy by Your  continued use of Our website after the revised Privacy Policy is posted.  

INFORMATION THAT WE COLLECT  

We collect a variety of information from You when You visit Our website, make purchases, or  interact with Us on social media. By accepting this Privacy Policy, You are specifically  consenting to Our collection of the data described below, to Our use of the data, to the  processing of this data, and to Our sharing of the data with third-party processors as needed for  Our legitimate business interests. The information We collect may include:  

PERSONAL DATA  

Personal Data is information that can be used to identify You specifically, including Your name,  shipping address, email address, telephone number, or demographic information like Your age,  gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily  

on Our website or any mobile application. You provide some of this information when You  register with or make purchases from Our website. You may also provide this information by  participating in various activities associated with Our site, including responding to blogs,  contacting Us with questions, or participating in group training. Your decision to disclose this  data is entirely voluntary. You are under no obligation to provide this information, but Your  refusal may prevent You from accessing certain benefits from Our website or from making  purchases.  

DERIVATIVE DATA 

Derivative data is information that Our servers automatically collect about You when You access  Our website, such as Your IP address, browser type, the dates and times that You access Our  website, and the specific pages You view. If You are using a mobile application, Our servers  may collect information about Your device name and type, Your phone number, Your country of  origin, and other interactions with Our application. Derivative data may also include data  collected by third-party service providers, such as advertising and analytics providers, and may  include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative  data collected by third-party service providers generally does not identify a specific individual. 

FINANCIAL DATA  

Financial data is data that is related to Your payment method, such as credit card or bank  transfer details. We collect financial data in order to allow You to purchase, order, return, or  exchange products or services from Our website and any related mobile apps. We store limited  financial data. Most financial data is transferred to Our payment processor, Square or PayPal,  and You should review these processors’ Privacy Policy to determine how they use, disclose,  and protect Your financial data. We mostly use Square and PayPal.  

SOCIAL NETWORKING DATA  

We may access personal information from social networking sites and apps, including  Facebook, Instagram, Linkedin, Twitter, Snapchat, or other social networking sites or apps not  named specifically here, which may include Your name, Your social network username, location,  email address, age, gender, profile picture, and any other public information. If You do not want  Us to access this information, please go to the specific social networking site and change Your  privacy settings.  

MOBILE DEVICE DATA  

If You use Our website via a mobile device or app, We may collect information about Your  mobile device, including device ID, model and manufacturer, and location information.  

OTHER DATA  

On occasion, You may give Us additional data in order to enter into a contest or giveaway or to  participate in a survey. You will be prompted for this information and it will be clear that You are  offering this kind of information in exchange for an entry into such a contest or giveaway.    

MOBILE APPLICATION INFORMATION  

If You connect to Us using a mobile application, We may request geolocation information, which  includes permission to track Your mobile device, in order to provide You with location based  services. We may also request access to certain features on Your device, including Your  device’s calendar, camera, contacts, social media accounts, Bluetooth, and storage. We may  also send You “push notifications” regarding Your account or Our mobile application. If You wish  to change Our access to any of this information, You may do so by changing Your device  settings.  

HOW WE USE YOUR INFORMATION  

Your information allows Us to offer You certain products and services, including the use of Our  website, to fulfill Our obligations to You, to customize Your interaction with Our company and  Our website, and to allow Us to suggest other products and services We think might interest  You. We generally store Your data and transmit it to a third party for processing. However, to the  extent We process Your data, We do so to serve Our legitimate business interests (such as 

providing You with the opportunity to purchase Our goods or services and interact with Our  website or mobile app).  

 Specifically, We may use the information and data described above to:  

  1. Create and administer Your account; and  
  2. Deliver any products or services purchased by You to You; and  
  3. Correspond with You; and  
  4. Process payments or refunds; and  
  5. Contact You about new offerings that We think You will be interested in; and  6. Interact with You via social media; and  
  6. Send You a newsletter or other updates about Our company or website; and  8. Deliver targeted advertising; and  
  7. Request feedback from You; and  
  8. Notify You of updates to Our product and service offerings; and  
  9. Resolve disputes and troubleshoot any problems; and  
  10. Administer contests or giveaways; and  
  11. Generate a profile that is personalized to You, so that future interactions with Our  website will be more personal; and  
  12. Compile anonymous statistical data for Our own use or for a third party’s use; and  15. Assist law enforcement as necessary; and  
  13. Prevent fraudulent activity on Our website or mobile app; and  
  14. Analyze trends to improve Our website and offerings.  

GROUNDS FOR USING AND PROCESSING YOUR DATA  

The information We collect and store is used primarily to allow Us to offer goods and services  for sale. In addition, Yes Tree Counseling, LLC & DBA Grief Freak, may collect, use, and  process Your information based on the following grounds:  

LEGITIMATE BUSINESS INTERESTS  

We may use and process Your data for Our legitimate business interests, which include, among  other things, communicating with You, improving Our goods or services, improving Our website,  and providing You with the information or products that You have requested.  

Performance of a Contract: We may use and process Your information to enter into a contract  with You and to perform Our contractual obligations to You.  

Consent: We may use Your data, or permit selected third parties to use Your data, based on  Your consent to Our use and sharing of that data. You may withdraw Your consent at any time,  but doing so may affect Your ability to use Our website or other offerings.  

As required by law: We may also use or process Your data as required for Us to comply with  legal obligations.  

WHY WE DISCLOSE YOUR INFORMATION 

We may share Your information with third parties in certain situations. In particular, We may  share Your data with third-party processors as needed to serve Our legitimate business  interests, which include administration of Our website, administration of Your account, entering  into contracts with You, communicating with You, taking orders for goods or services, delivering  Our goods and services, identifying trends, protecting the security of Our company and website,  and marketing additional goods and services to You. The legal basis for Our disclosure of Your  data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our  legitimate business interests.  

The following are specific reasons why We may share Your information:  

Third Party Processing: We may disclose Your information to third parties who assist Us with  various tasks, including payment processing, hosting services, email delivery, communications,  and customer service. We may not always disclose these third-party processors if not required  

by law. We do not authorize them to use or disclose Your personal information except in  connection with providing Our company with their services.  

By Law: We may share Your data as required by law or to respond to legal process, including a  subpoena, or as necessary to protect the rights, property, and safety of others. This includes  sharing information with other parties to prevent or address fraud and to avoid credit risks.  

To Protect Our Company: We may use Your information to protect Our company, including to  investigate and remedy any violations of Our rights or policies. We may also disclose Your  information as reasonably necessary to acquire and maintain insurance coverage, manage  risks, obtain financial or legal advice, or to exercise or defend against legal claims.  

Business Transfers: In the unlikely event Our company engages in a merger, acquisition,  bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, We  may transfer or share Your data as part of that proceeding. In such transitions, customer  information is one of the business assets that is acquired by a third party. You acknowledge that  such business transfers may occur and that Your personal information can continue to be  stored, used, or processed as otherwise set forth in this privacy policy.  

Advertisers: We may use third-party advertising companies to run and manage Our ads, such  as, to produce ads that appears when You visit Our website or mobile app. These companies  may use information about Your visit to Our website and other websites that are contained in  web cookies (as described below) to offer You personalized advertisements about goods and  services that might interest You. We cannot control the activities of such other advertisers or  web sites. You should consult the respective Privacy Policies of these third-party advertisers for  more detailed information on their practices as well as for instructions about how to opt-out of  certain practices.  

Please note that, at this time, We do not recognize automated browser signals regarding  tracking systems, which may include “do not track” instructions. 

Other Third Parties: We may share information with advertisers, Our investors, or other third  parties for the purpose of conducting general business analysis. If We do so, We will make  reasonable efforts to inform You if required by law.  

Interaction With Others: If You interact with others on Our website or mobile app, such as  participating in a group chat or a group online course, other users may have access to some of  Your data, including Your name, profile picture, and Your history of interaction with Our website,  such as prior comments or posts.  

Online Postings: When You post online, Your posts may be viewed by others, and We may  distribute Your comments outside the website.  

External Links: Our website may include hyperlinks to other websites not controlled by Us. We  suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in  including a hyperlink on Our own web page, We do not regularly monitor the websites of these  third parties, are not responsible for any damage or consequences You suffer by using these  hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access  by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those  third-party websites before interacting with them or making purchases. They may collect  different information and by different methods than We do.  

Other Purposes: We may disclose Your personal data as necessary to comply with any legal  obligation or to protect Your interests, or the vital interests of others or Our company.  

TRACKING TECHNOLOGIES  

Log Files: Like many other websites, We make use of log files. These files merely log visitors to  the site – usually a standard procedure for hosting companies and a part of hosting services’  analytics. The information inside the log files includes internet protocol (IP) addresses, browser  type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the  number of clicks. This information is used to analyze trends, administer the site, track user’s  movement around the site, and gather demographic information. IP addresses and other such  information are not linked to any information that is personally identifiable.  

Cookies: We also use cookies — small text files sent to Us by Your computer — and web  beacons to store certain information. We may use cookies to authenticate Your identity, to  determine if You are logged onto Our website, for personalization, for security, for targeted  advertising, or for analysis of the performance of Our website and services. For example,  

cookies allow Us to recommend blog posts to You based on what You have read on Our site in  the past. We use cookies that are not specific to Your account but unique enough to allow Us to  analyze general trends and use, and to customize Your interaction with Our website. This  information helps Us to understand the use of Our site and to improve Our website and service  offerings.  

We may use any or all of the following types of cookies: 

Essential Cookies: These cookies help Us run Our website and improve Your experience with  Our website. These cookies may allow content to load more quickly or allow You to access  “members only” or repeat-users sections of Our website.  

Functionality Cookies: These cookies allow Us to remember Your preferences from earlier  visits to Our website, including login information, so that You do not have to input the same  information multiple times.  

Social Media Cookies: These cookies allow Us to record when You have engaged with a social  media tool while visiting Our website. For example, We may record that You have “liked” a  certain aspect of Our website. The social media application may also share data with Us that  You have allowed it to share. If You wish to change Your social media sharing settings, please  visit the privacy settings of the social media network.  

Advertising Cookies: We may work with third-party advertising partners who collect  information about Your browsing habits on Our website in order to later display a relevant ad  about Our services when You are on a third-party site such as a social media platform. These  cookies may also allow Us to access Your location.  

In addition, when You first encounter Our website, You will be asked to “consent to cookies.” If  You wish to disable cookies, You may do so through Your individual browser options. However,  this may affect Your ability to use or make purchases from Our website. More detailed  information about cookie management with specific web browsers can be found at the browsers’  respective websites. More information about cookies can be found at What Are Cookies? By  continuing to use Our website and not disabling cookies on Your browser, You are consenting to  Our use of cookies in accordance with the terms of this policy.  

In addition, We may use third-party software to post advertisements on Our website or mobile  application, to oversee marketing or email campaigns, or manage other company initiatives.  These third-party softwares may use cookies or similar tracking technology. We have no control  over these third parties or their use of cookies. For more information on opting out of interest based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance  Opt-Out Tool.  

Pixel Tags: We may use a pixel tag, which is a small graphic file that allows Us to monitor the  use of Our website and provide Us with information regarding Your interaction with the website.  These tags may collect the IP address from the device You are using, and the browser type.  Pixel tags are also used by Our third-party partners to collect information when You visit Our  website, and We may use this information to display targeted advertisements.  

Email Confirmations: We may receive email confirmations when You open an email from Us.  This allows Us to determine if users are responding favorably to Our email communications and  to improve those communications.  

Other Technologies: Other data technologies may be used that collect comparable information  for security, fraud detection, and similar purposes, to give Us information about Your use of Our  website, and to greater improve Our website and service offerings to You. 

WEBSITE ANALYTICS  

We may partner with third-party analytic companies, including Google Analytics.The analytic  companies may also use cookies (described above) or other tracking technologies to analyze  visitors’ use of Our website or mobile app to determine the popularity of the content, and better  understand online activity. We do not transfer personal information to these third-party vendors.  However, in order to access Our website, You must consent to the collection and use of Your  information by these third-party analytic companies. You should review their Privacy Policy and  contact them directly if You have questions. If You do not want any information to be collected  and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital  Advertising Alliance Opt-Out Tool.  

Google Analytics: You can opt-out of having Your activity on Our website made available to  Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on  prevents Google Analytics from retrieving information about Your visits to Our website. For more  information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.  

Twitter: You can opt-out of Twitter’s internet-based ads by visiting: https://help.twitter.com/en/ safety-and-security/privacy-controls-for-tailored-ads.  

You can learn more about Twitter’s Privacy Policy at https://twitter.com/en/privacy.  

Facebook: You can opt-out of Facebook’s interest-based ads by visiting: https:// www.facebook.com/help/568137493302217.  

You can learn more about Facebook’s Privacy Policy at: https://www.facebook.com/ full_data_use_policy.  

PROCESSING YOUR INFORMATION  

For the most part, We do not process Your information in-house, but give it to third-party  processors for processing. For example, when PayPal takes Your payment information, they are  a third-party processor. They process Your payment and remit the funds to Us. So in many  instances, it will be necessary for Us to transmit Your information to a third-party processor, as  We do not have the capability to perform these functions. More detail on third-party processing  is detailed below.  

However, We may, from time to time, process Your data internally. The legal basis for this  processing is both Your consent to the processing, Our need to conduct Our legitimate business  interests, and to comply with legal obligations. Our purposes in processing this information, if  We do, is to administer, maintain, and improve Our website and offerings, to enter into contracts  with You, to fulfill the terms of those contracts, to keep records of Our transactions and  interactions, to be able to provide You with goods and services, to comply with Our legal  obligations, to obtain professional advice, and to protect the rights and interests of Our  company, Our customers (including You), and any third parties. We may process the following  data: 

  1. Data associated with Your account, such as Your name, address, email address, and  payment information.  
  2. Data about Your usage of Our website, such as Your IP address, geographical  information, and how long You accessed Our website and what You viewed.  
  3. Data related to Your personal profile, such as Your name, address, profile picture,  interests and hobbies, or employment details.  
  4. Data that You provide Us in the course of using Our services.  
  5. Data that You post on Our website, such as comments or responses to blogs.  
  6. Data that You submit to Us when You make an inquiry regarding Our website or  offerings.  
  7. Data related to Your transactions with Us, including Your purchase of Our goods or  services. This information may include contact details and payment information.  
  8. Data that You provide to Us when You subscribe to Our emails or newsletters, including  Your email address and contact information.  
  9. Data that You submit to Us via correspondence, such as when You email Us with  questions.  
  10. Any other data identified in this policy, for the purpose of complying with Our legal  obligations, or to protect the vital interests of You or any other natural person.  

INTERNATIONAL DATA  

Our website is hosted by servers located in the United States of America. Therefore, if You  reside outside of the USA some of Your data will be transferred internationally to and stored on  those servers. In addition, We may use third-party processors (including payment processors)  and subcontractors located in USA. We use all reasonable methods to protect the safety of Your  data during transfer, including hosting Our website on reputable servers and engaging reputable  third-party processors. By using this site and providing Us with information, You consent to this  transfer, processing, and storage of Your information in USA. Note that the privacy laws in USA  may not be as strict as those in other countries. Please be aware that:  

  • We may transfer data that We collect to locations outside of Our headquarters for  processing or storing, and the data may be processed by Our staff or by third-party  processors. For example, We may engage third parties to fulfill orders. By submitting  Your personal data, You agree to this transfer, storing, and processing. We take all  reasonable steps to make sure Your data is treated securely and in conformity with this  Privacy Policy.  
  • Data that is provided to Us is stored on secure servers. Payment information and other  sensitive data will be encrypted to ensure its safety. 
  • The transmission of data via the internet is never completely secure, and We cannot  guarantee the security of data that is sent to Us electronically. Your transmission of data  to Us is at Your own risk.  
  • Where data that You have transmitted to Us is password protected, You are responsible  for keeping the password confidential. You are exclusively responsible for any breaches  of Your data that results from Your own disclosure of or failure to protect Your password.  

Customer data outside the U.S. may be transferred to Our website servers and/or third-party  processors or subcontractors that are located in the U.S. We use BlueHost, Inc., which actively  participate(s) in the U.S. Privacy Shield framework. The E.U. has determined that companies  participating in the U.S. Privacy Shield have adequate safeguards in place to protect customer  data.  

DATA RETENTION  

We retain personal data as long as it is needed to to conduct Our legitimate business purposes  or to comply with Our legal obligations, or until You ask Us to delete Your data. For example, We  will retain certain personal information indefinitely for the purposes of maintaining Your account,  unless and until You delete Your account. Data that We gather for a specific and particular  purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than  is necessary for that particular purpose. Data that is no longer needed by Us for any of the  purposes listed above will be permanently deleted.  

We will honor Your request to delete Your data, as described more fully below, unless We are  required by law to retain access to the data. However, note that We cannot control the retention  policies of third parties. If You wish to have any third parties, including those to whom We’ve  transmitted Your data, delete that data, You will need to contact those third parties directly. You  may request from Us a list of all third parties to whom We have transmitted Your data.  

We may retain usage data (that is, data that is gathered by Our company or third-party analytics  companies for the purpose of analyzing the use of Our website) as needed for internal analysis  purposes. This type of data is usually retained for a shorter period of time than personal data,  unless the data is necessary to improve the security or functionality of Our website or offerings,  or We are legally obligated to retain the data for a longer period of time.  

SECURITY OF YOUR INFORMATION  

We take all reasonable steps to protect Your personal data and keep Your information secure.  We use recognized online secure payment systems and implement generally accepted  standards of security to protect against personal data loss or misuse. However, no security  measure is foolproof, and no method of data transmission can be guaranteed against  interception or misuse. We cannot guarantee complete security of any information You transmit  to Us. 

By consent to this Privacy Policy, You acknowledge that Your personal data may be available,  via the internet, around the world. We cannot prevent the use or misuse of Your data by other  parties.  

We will notify You promptly of any known breach of Our security systems or Your data which  might expose You to serious risk.  

CHILDREN  

This website or mobile app is not designed for use by children under age 16, and We do not  knowingly solicit personal data from anyone under age 16. If You are under age 16, do not  access or use Our website or related products or services. If You become aware that We have  collected data of anyone under the age of 16, please contact Us so that We may delete that  data.  

SENSITIVE DATA  

We request that You do not submit any sensitive data to Us, via public postings, email  correspondence with Us, or any other method, including social security number, health data,  genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If  You do send Us this information, then by doing so You are consenting to Our use, storage, and  processing of this information in accordance with this privacy policy.  

YOUR RIGHTS  

You have certain rights with respect to Your personal data, as outlined below. Note that We may  charge You a reasonable fee for actions that You ask Us to take with respect to Your data. In  addition, We reserve the right to request that You provide Us with evidence of Your identity  before We take any action with respect to the exercise of Your data rights. Further, Your rights  may be restricted or nullified to the extent they conflict with Our compelling business interests,  the public interest, or the law.  

UPDATE ACCOUNT INFORMATION 

You have the right to update or change any information You have provided to Us. To update or  delete Your information, please contact Us at beth@yestreecounseling.com.  

CONFIRM PERSONAL DATA AND ITS USE  

You have the right to request that We confirm what data We hold about You, and for what  purposes. You also have the right to confirmation of whether We process Your data or deliver  Your data to third-party processors, and for what purposes. We will supply You with copies of  Your personal data unless doing so would affect the rights and freedoms of others.  

Change Consent: You have the right to change Your consent to Our use of Your information. In  such cases, We may require You to delete Your account with Us, as described above, and You  may not have full access to Our website. 

Request a Copy of Data: You have the right to request a digital copy of the data that We hold  about You. Your first request for a copy of Your personal data will be provided free of charge;  subsequent requests will incur a reasonable fee.  

Transfer Your Data: You have the right to request that We gather and transfer Your data to  another controller, in a commonly used and machine readable format, unless doing so would  cause Us an undue burden.  

Delete All Data: You have the right to request that We delete all data that We hold about You,  and We must delete such data without undue delay. There are exceptions to this right, such as  when keeping Your data is required by law, is necessary to exercise the right of freedom of  expression and information, is required for compliance with a legal obligation, or is necessary  for the exercise or defense of legal claims. Such a request may result in a termination of Your  account with Us and You may have limited or no use of Our website.  

Emails and Communications: You may opt out of receiving future email correspondence from  Us by checking the appropriate box when You register for the account or make a purchase. You  may change Your communication settings by contacting Us at beth@yestreecounseling.com. 

Marketing Communications: You may opt out of receiving any third-party marketing  communications or having Your personal information used for marketing purposes. You may do  this by contacting Us at beth@yestreecounseling.com.  

Processing: You may, in some circumstances, restrict the processing of Your data, such as  when You contest the accuracy of Your data or when You have objected to processing, pending  the verification of that objection. When processing has been restricted, We will continue to store  Your data but will not pass it on to third-party processors without Your consent, or as necessary  to comply with legal obligations or protect Your rights or those of others or Our company. In  addition, You may opt out of any processing of Your data altogether. Note, however that doing  so may result in the termination of Your account and loss of access to Our website.  

Complaints: If You are an EU resident, You have the right to complain to a supervising authority  if You believe We are misusing Your data or have violated any of Your rights under this Privacy  Policy or applicable law. You may do so in the EU member state in which You reside or have  Your place of business or in which the alleged infringement took place. If You are located  outside the EU, You may have rights under privacy laws in the jurisdiction where You live.  

CALIFORNIA PRIVACY RIGHTS  

The State of California has established its own unique regulations that apply to California  residents.  

As of its effective date of January 1, 2020 We are also compliant with the California Consumer  Privacy Act Of 2018, Cal. Civ. Code §§ 1798.100 Et Seq. (CCPA). 

Any California resident may request, free of charge, the personal information We have collected  or stored about themselves or about a member of their household. For security purposes, We  reserve the right to ask for verification of Your identity and proof of your California residency at  the time of your request.  

Any California resident has a right to request the personal data We have collected, or request  deletion of the personal data We have collected, including but not limited to:  

  • Any personally identifying information, such as a real name, alias(es), mailing or resident  address, IP address, email address, account name, biometrics, or any other data that  could uniquely identify a California resident; and  
  • Commercial information, including products or services purchased, obtained, or  considered, search history, interactions with Our website, or any other purchasing or  browsing history of Our site and/or offer(s); and  
  • Site comments made publicly or privately; and  
  • Geolocation data; and  
  • Professional or employment-related information; and  
  • Education information.  

We reserve the right to collect any of the above data on California residents and their  households.  

We DO NOT plan on selling your data. Regardless, any California resident can email us at  Beth@yestreecounseling.comto explicitly request to opt-out of any such sale of data.  

California residents also have the option to request a full deletion of their account and any data  We have collected and associated with them.  

We agree to comply with any data request or deletion made pursuant to the CCPA in a  reasonable timeframe, during normal business hours and excluding holidays or Our pre scheduled time off.  

NEWSLETTER PRIVACY  

We offer the opportunity for You to volunteer certain information to Us that is used for email and  marketing purposes. This information includes, but is not limited to, Your name and email. You  will have an opportunity to unsubscribe from any future communications via email, but We  reserve the right to maintain a database of past email subscribers. We reserve the right to use  this information as reasonably necessary in Our business and as provided by law. Your  information will be shared with reasonably necessary parties for the ordinary course of  conducting Our business, such as through Facebook ads or Google Pay Per Click marketing  campaigns. TERMS AND CONDITIONS OF USE  

Terms and Conditions of Use for Yes Tree Counseling, LLC (DBA Grief Freak)  Last Updated on 10/13/20

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read  these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our  products, including online courses.  

GENERAL PROVISIONS  

This website is owned and operated by Yes Tree Counseling, LLC (DBA Grief Freak) a Boulder,  Colorado company. Our principal place of business is located at 5412 Idylwild Trail, Suite 107,  Boulder, CO 80301.  

You must be at least sixteen years of age to use Our website. Use of this website is at Your own  risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host  the site. However, We make no explicit representations or warranties as to the safety of Your  individual use of the website. The Terms and Conditions contained on this page are subject to  change at any time.  

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT  

All programs, products, and servicesare owned and provided byYes Tree Counseling, LLC (DBA  Grief Freak) (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or  purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and  Conditions of Use govern and define how You are allowed to use and access Company’s  Offering. We reserve the right to update and change these Terms and Conditions of Use at any  time, and will update them accordingly with the ‘date last updated’ at the top of this page.  

You are legally bound to these Terms and Conditions of Use whether or not You have read  them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at  beth@yestreecounseling.com or beth@grieffreak.com and We will make reasonable efforts to  remove Your name, email, and access to Our Offering and website(s).  

YOUR PRODUCT OR COURSE USE AND CONSENT  

When You purchased Our Offering, You were given a reasonable notice that these Terms and  Conditions of Use existed. By moving forward with Your purchase of the Offering and further  access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and  Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms  and Conditions of Use.  

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the  Offering. Access of Our Offering and related materials by a minor is a violation of use, and We  reserve the right to terminate Your access if such an issue is discovered.  

INTELLECTUAL PROPERTY NOTICE  

All images, text, designs, graphics, trademarks, and service marks are owned by and property  of Yes Tree Counseling, LLC (DBA Grief Freak) or the properly attributed party. 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 on this site is illegal and may be prosecuted to the fullest extent permissible 

should We choose to do so, including asking for financial penalties (damages) and/or an  injunction forcing You to stop using Our intellectual property immediately.  

You may use Our intellectual property with clear and obvious credit back to Our site, as well as  links back to the page where the materials, designs, images, text, quote, or post is located when  it is appropriate to do so. However, You may never claim any of Our intellectual property as Your  own or Your unique creation, even with attribution.  

ONLINE COURSE INTELLECTUAL PROPERTY  

LIMITED LICENSE  

Any and all materials, paid or free, that You access on this or any related domains that contain  Our Offering are under the sole ownership or licensed use of Yes Tree Counseling, LLC (DBA  Grief Freak).  

To be clear, We own Our page layout and design, overall look and appearance, individual  graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered).  You are not allowed to reproduce any part of Our website(s), program(s), product(s), service  materials, or related communications.  

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non commercial use only in order to access any content or materials in the Offering You have paid  for or opted to receive. If You exceed the scope of this license, as determined by a legal  authority such as a court of law or the Trademark Trials and Appeals Board, You have  committed infringement in a manner that materially harms Us, and We have the right to seek  damages and/or an injunction to remedy the situation until We are made whole.  

You may:  

  • Access the Offering for Your personal use (if additional members of Your team need to  access the Offering, You must purchase additional Offerings at one per each team  member).  
  • Download and/or print any Offering materials for Your personal use in Your business (if  additional members of Your team need to download and/or print any materials from the  Offering, You must purchase additional Offerings at one per each team member).  
  • Use Our trademarks and copyrighted materials with Our consent and proper credit and  marking, namely, citing © Yes Tree Counseling, LLC (DBA Grief Freak) as the source  of the materials and marking any federally registered trademarks with ® or common law  trademarks with ™.  

You may not:  

  • Re-sell or trade Your access to the Offering.  
  • Share the Offering with anyone else who has not yet purchased it or opted in to receive  it.  
  • Reprint or republish any of the Offering, in part or in whole. 
  • Distribute any of the materials contained in the Offering or related materials and/or  communications as Your own, otherwise known as stealing.  
  • Reproduce and tweak any part or whole of the Offering for distribution as Your own work.  ● Claim ownership or use over any of Our intellectual property without Our prior consent,  which includes (but is not limited to): copyrights such as course materials, worksheets,  workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or  other unique source identifiers; or trade dress including the look and feel of the Offering  (and its related communications and materials).  
  • Use Our Offering or any related materials and/or communications in an unlawful way or  for any illegal or unlawful purpose(s).  

REQUEST FOR PERMISSION TO USE CONTENT  

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You  must do so by requesting permission prior to commencing use of the same by emailing Us at  beth@yestreecounseling.com or beth@grieffreak.com. 

CIVIL AND CRIMINAL PENALTIES  

Even though Our Offering is not necessarily something You can physically hold in Your hand  and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate  these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest  extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to  

personal jurisdiction in Boulder, CO by opting into or purchasing any Offering or accessing its  related communications and/or materials.  

YOUR MATERIALS AND CONTRIBUTIONS  

By submitting a comment, photo, video, or other material(s) onto any website or platform owned  or maintained by Us, including but not limited to third-party access sites, such as Our Facebook  group(s) or online software platforms that We use to distribute Our Offering and related  materials, You agree that We have a non-revocable, commercial license to re-publish Your  submission in whole or in part unless You explicitly state that We may not do so with said  submission. You have no right to privacy by accessing Our Offering or related materials, and We  reserve the right to disclose Your participation in the same.  

MODEL RELEASE  

You must own the copyright to any image(s) You use by default or voluntarily on Our platforms  or in Our Offering or related materials. You grant Us a commercial license to any image(s) You  submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily  

provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary  release of Your image and likeness may be used for any reasonable future business use.  

NOTIFICATION OF USE 

We are not obligated to notify You or anyone in photographs of Our publication or other use of  any image or images You submit by default or voluntarily.  

SECURITY AND ASSUMPTION OF RISK  

SECURITY  

It is Your responsibility to secure Your username and password from theft or any other means of  unauthorized use that would violate these Terms and Conditions of Use. We do not store any  whole credit card numbers or payment information, and instead, these are processed through  third-party processors such as Square, Paypal, or Venmo. By utilizing these payment  processors to gain access to the Offering, You indemnify Us and instead assume any and all  risk or liability for the security of the payment details, and agree to be bound by the third-party  payment processor’s applicable terms and conditions of use.  

CONFIDENTIALITY  

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent  client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.  

ASSUMPTION OF RISK  

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the  risk of Your access and any subsequent actions You choose to take as a result of the influence,  information, or educational materials provided to You.  

YOUR COMMUNICATIONS  

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or  other related pages, or directly to Our phones or mailing or email addresses is not held  privileged or confidential and is subject to viewing and distribution by third parties. We own any  and all communications displayed on Our website, servers, comments, emails, or other media  as allowed by the United States of America law, and will not give credit or pay royalties for  unsolicited user-generated content such as blog comments or emails. For more information on  when and how We store and use Your communications or any data provided by You in those  communications, please refer to Our Privacy Policy on this page.  

We maintain a right to republish any submission in whole or in part as reasonably necessary in  the course of Our business. You agree not to submit any content or communications that could  be illegal or serve an unlawful purpose, including, but not limited to communications that are  potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or  inappropriate.  

DISCLAIMERS  

Our website and related materials are provided for educational and informational use only. You  agree to indemnify and hold harmless Our website and company for any direct or indirect loss or 

conduct incurred as a result of Your use of Our website and any related communications,  including as a result of any consequences incurred from technological failures such as a  payment processor error(s) or system failure(s).  

While We may reference certain results, outcomes or situations on this website, You understand  and acknowledge that We make no guarantee as to the accuracy of third-party statements  contained herein or the likelihood of success for You as a result of these statements or any  other statements anywhere on this website. If You have medical, legal, or financial questions,  You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We  expressly disclaim any and all responsibility for any actions or omissions You choose to make  as a result of using this website, related materials, products, courses, or the materials contained  herein.  

This website is updated on a regular basis and while We try to make accurate statements in a  timely and effective manner, We cannot guarantee that all materials and related media  contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and  understand that any information or knowledge You gain as a result of using this website is used  at Your own risk. If You should see any errors or omissions and would like to let Us know, please  email Us at beth@yestreecounseling.com or beth@grieffreak.com.  

EARNINGS DISCLAIMER  

You agree that You understand individual outcomes will vary. Case studies or testimonials are  not indicative of typical results. Each individual approaches Our Offering(s) with different  backgrounds, disposable income levels, motivation, and other factors that are outside of Our  control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our  Offering(s) or related material(s).  

GENERAL DISCLAIMER  

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect,  or consequential loss or damage incurred by You or others in connection with Our Offering(s),  including without limitation any liability for any accidents, delays, injuries, harm, loss, damage,  death, lost profits, personal or business interruptions, misapplication of information, physical or  mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss  of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of  data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and  

whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not  medical, legal, financial, or other professionals, or if We are, during the course of this Offering  and related material(s), We are not offering Our professional services and You expressly agree  We are not acting in any professional capacity, including medical, legal, financial, or otherwise  during the course of this Offering. This Offering is for educational and entertainment purposes  only. None of the Offering or its related material(s) should be construed as medical, legal, or  financial advice.  

THIRD PARTY DISCLAIMER 

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal  conduct of any other participant or user, including You.  

WARRANTIES DISCLAIMER  

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR  PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR  PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY  KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE  PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM  MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE,  APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY  PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING  THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES  MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS,  ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.  

TECHNOLOGY DISCLAIMER  

  

We make reasonable efforts to provide You with modern, reliable technology, software, and  platforms from which to access Our Offering(s) and related material(s). However, in the event of  a technological failure, You accept and acknowledge Our lack of responsibility for said failure,  and while We will make reasonable efforts to support You, some technological issues are far  outside Our control and will require You to access support from a third-party provider, such as  Practice Better.  

ERRORS AND OMISSIONS  

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness,  or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors,  or reliance on personal opinions contained in Our Offering(s) or related material(s).  

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS  INDEMNIFICATION  

You agree at all times to indemnify and hold harmless Our Company, as well as any of Our  affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture  partners, successors, transferees, assignees, and licensees, as applicable, from and against  any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal  fees and expenses, arising out of or related to Our Offering(s) .  

LIMITATION OF LIABILITY 

We will not be held responsible or liable in any way for the information, products, or materials  that You request or receive through or in relation to Our Offering(s). We do not assume liability  for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes  as a result of Your access of Our Offering(s) and related material(s).  

AFFILIATES  

This site may use affiliate links to sell certain products or services. We disclaim any and all  liability as a result of Your purchase through one of these links. We will use reasonable efforts to  notify You when and where We have placed affiliate links in addition to this disclaimer located in  these Terms and Conditions. You accept express liability for any and all consequences or  benefits of clicking the affiliate links contained on this website or related communications.  

TERMINATION  

If at any time We feel You have violated these Terms and Conditions, then We shall immediately  terminate Your use of Our website and any related communications as We deem appropriate. It  is within Our sole discretion to allow any user’s access of Our website, and We may revoke this  

access at any time without notice, and if necessary, block Your IP address from further visits to  Our site(s).  

FINANCIAL CONSIDERATIONS  

REFUNDS  

We take Your investment seriously, and We’d appreciate if You took Our investment of time and  resources into Your success seriously, too.  

Due to the nature of the services and/or products provided, refunds will not be given unless  otherwise specified in writing.  

Yes Tree Counseling, LLC (DBA Grief Freak) reserves the right to charge 1.5% interest per day  upon any outstanding sum left unpaid on or after 14 calendar days from due date.  

Example:  

$100 due March 1  

$101.50 due March 15  

$103.03 due March 16  

Sent to Collections April 15  

After 30 days of outstanding payment, Yes Tree Counseling, LLC (DBA Grief Freak) reserves  the right to send You to collections, upon which You will owe the total amount of any outstanding  payments plus any collection costs including reasonable attorney’s fees. 

RECURRING PAYMENTS  

If You have signed up for a payment plan, You hereby authorize Our continued access to Your  financial information stored by Our third-party financial processing company referenced in this  Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase  terms upon checkout.  

REVOCATION OF ACCESS  

You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please  send an email to beth@yestreecounseling.com or beth@grieffreak.com to initiate this process.  Termination will not excuse You of further payment. Upon confirmation of Your termination, any  

and all outstanding balances will become immediately due and payable. Any existing balance  that remains after 14 days from the date of termination will be sent to a collections agency, and  You agree to be responsible for any additional charges, fees, or costs associated with such a  collection effort, including but not limited to reasonable attorney’s fees and court costs.  

DISPUTE RESOLUTION  

If You and Our Company cannot find a resolution to a dispute or potential claim by means of  good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any  such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of  action.  

NON-DISPARAGEMENT  

If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s),  or related materials at Our discretion, You will be immediately removed from the Offering(s) and  any related communications. We reserve the right to file a civil claim of action against You for  any such damaging actions You take that materially harm Our Company.  

ENTIRE AGREEMENT  

Before You register with Our website or make any purchases therefrom, You will be asked to  consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the  Privacy Policy together with these Terms and Conditions, the information contained herein  constitutes the entire agreement between site users and Our company relating to the use of this  website.  

LAW AND JURISDICTION  

These Terms and Conditions of Use and Privacy Policy are governed by and construed in  accordance with the United States of American law. Any dispute arising out of or related to the  information contained herein is subject to adjudication in the state of Colorado, USA. 

CONSENT  

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy  Policy.  

If You require any more information or have any questions about Our Terms and Conditions of  Use, or Our Privacy Policy, please feel free to contact Us by email at  

beth@yestreecounseling.com or beth@grieffreak.com.  

ALL RIGHTS RESERVED  

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any  express written here, are reserved by Company.  

SEVERABILITY  

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or  unenforceable, all other provisions contained herein will remain in full force and effect.  

CONTACT INFORMATION  

Email: beth@yestreecounseling.com or beth@grieffreak.com 

Phone: 720-470-3513  

Address:5412 Idylwild Trail, Boulder CO, 80301

 

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