Terms, Disclosures, & Privacy

This page encompasses the Privacy Policy, Disclaimer, and Terms and Conditions of thesensiblefay.com.

who we are

Our website address is: https://thesensiblefay.com

We are run by Gillian Shieh - 69-32 228th St. Bayside, NY 11364.

Thesensiblefay.com and Gillian Shieh will hereinafter be referred to in combination as “The Sensible Fay” or a the “Company”.

The Sensible Fay understands that your privacy is important to you and that you care about how your information is used and shared online.

Our site only collects and uses information in ways that are consistent with your rights and our obligations under the law. Namely, data is processed:

When you give specific and express consent for us to do so
When necessary for performance of a contract, where you are a party to that contract (for example, if you buy something we will need to collect payment and delivery information in order to deliver that product to you)
When necessary for compliance with a legal obligation
When necessary in order to protect the vital interest of the data subject (you) or of another natural person
When necessary for the purposes of the legitimate interests pursued by us, except where such interest is overridden by your interest or fundamental rights and freedoms.

This Policy applies to our use of any and all data collected by us in accordance with your use of our site.

Please be sure to carefully read this Privacy Policy and ensure that you understand it.

YOU ARE CONSIDERED TO HAVE ACCEPTED OF OUR PRIVACY POLICY WHEN YOU FIRST USE OUR SITE. If you do not agree to and accept our privacy policy, then you must stop using our site.

By using our site you certify that you are an adult, at least 18 years of age.

what personal data we collect and why we collect it

personal information collected on this website

No personally-identifiable information is collected on this website from persons that browse our website. The only personally-identifiable information collected on this website is gathered in our comment area and on specified sign up forms, where fields are provided so that you can provide your name and email address to leave a comment or receive a download, newsletter or other emails on updates, giveaways, or other offers. We collect this information so that we can respond to the comments or questions that you post.

For additional detail on how we collect and use personally identifiable information, please see the table below.

comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

anonymous information collected on this Website

We record anonymous data. Most of the information that we collect from this website is anonymous information, such as the pages you visit. Other anonymous data we may collect might include the name of your internet service provider, the website that you used to link to our site, other interests you have, basic demographic information, the websites that you visit from our site, and your IP address. The data is used for statistical purposes only, but you, as the individual user, remain anonymous. We use this anonymous information to help improve the content of this site and to compile aggregate statistics about individuals using our site for internal market research purposes.

For additional detail on how we collect and use anonymous information, please see the table below.

Cookies

Cookies are small text files placed on your computer or device by our site when you visit certain parts of our site.

When you visit our website, we may assign your computer one or more cookies to facilitate access to our website, personalize your online experience and record information about your visit.

Through the use of a cookie, we also may automatically collect information about your online activity on our website, such as the web pages you visit, the links or advertisements you click on and other actions you take while on our website.

The cookies do not store any Personally Identifiable Information (PII) about you.

further specific information on cookies and other tracking technologies

We may collect and access, and may permit our business partners and third party service providers, such as advertising companies, to collect and access your Internet Protocol (IP) address, browsing metadata and other numerical identifiers, such as your browser type, version and operating system (collectively, the “Browsing Information”). We may also use, place, collect and store, or allow our third party service providers to use, place, collect and store, cookies, web beacons, remarketing pixel tags, or other similar tracking technologies.

We, our business partners and third party service providers may use this information and these technologies to, among other things, improve and personalize your user experience, understand how you use the website, provide tailored ads, analyze trends, data, and website performance, administer the website, identify and track you when you use different devices, determine if you are logged onto the website, provide security and provide a range of features, customization and functionality.

By using the website and not opting out of cookies, you consent to the use of Browsing Information, cookies and other tracking technologies as described in this Privacy Policy. Note that we have no control over these third party service providers and their use of such tracking technologies. We cannot and do not control the privacy policies and practices of any third party service providers. We encourage you to visit their websites directly to learn about their privacy policies.

YOUR CHOICES

It is important to us that you understand your choices regarding your personal information.

Opting Out of/Blocking Cookies. Most browsers accept cookies by default. However, most browsers will allow you to prevent accepting new cookies, disable cookies, and/or receive a notification when you receive new cookies. If your browser has such functionalities, information on how you can change your cookie settings can typically be found in the help section of the browser toolbar. Please note that if you do disable cookies, this may have an impact on or interfere with your user experience, including your ability to use or make purchases from the website, or receive personalized content.

Managing “Do Not Track”. As required by the California Online Privacy Protection Act (CalOPPA), we would like you to know that our systems are currently unable to recognize browser “Do No Track” signals.

Use of Personal Information. You can request that we delete your personal information at any time by contacting us using the contact details provided below, subject to certain exceptions. You can also (i) request to see your personal information that we have available on you, (ii) withdraw consent for our use of your personal information, (iii) review and request we rectify, change or modify your personal information, (iv) restrict or limit the processing of your personal information, (v) cancel the processing of your personal information and (vi) request your personal information and transfer it to another controller without any impediments on our part by contacting us using the contact details provided below.

Unsubscribing from Email Marketing. When you sign up to receive emails from us, you agree to receive email communications from us, which may include newsletters and promotional emails. If you receive any email marketing from us, you can opt out at any time by clicking the “unsubscribe” link contained in each email. Please note that unsubscribing from email marketing does not necessarily unsubscribe you from other emails we may send, such as emails about any Products you purchase.

Other Opt-Out Options. If we send you physical mailings or short message service (SMS) messages or contact you via telephone, you can opt-out by contacting us using the contact details provided below.

NOTICE ABOUT THE GENERAL DATA PROTECTION REGULATION (GDPR NOTICE)

The information in this section, under the subheading “Notice About the General Data Protection Regulation”, applies to individuals covered by the General Data Protection Regulation (“GDPR”). References to “you” and “your” in this section refer only to those covered by GDPR. GDPR, which took effect on May 25, 2018, provides privacy rights for those inside the European Economic Area.

For the purposes of this section, “personal information” refers to any information relating to an individual which can be directly or indirectly used to identify such individual. Examples include first name and last name, email address, identification number, information about location, ethnicity, gender, biometric data, web cookies, and religious or political beliefs.

Legal basis for processing information. We may process personal information under the following conditions: (i) we have received your consent to process your personal information for one or more specific purposes, (ii) processing of your personal information is necessary to perform a contract to which you are a party to, or in order to take steps at your request prior to entering into a contract, (iii) processing of your personal information is necessary to comply with a legal obligation we are subject to, (iv) processing of your personal information is necessary in order to protect the vital interests of you or another natural person, (v) processing of your personal information is necessary to perform a task carried out in the public interest or to exercise an official authority vested in us; (vi) processing of your personal information is necessary for the purposes of the legitimate interests pursued by us or a third party, except in certain circumstances where the need for the information is overridden by the need to protect the subject of the personal information (such as when the subject of the personal information is a child).

We are happy to let you know which legal basis applies to the processing of your personal information.

You have certain rights you can exercise under the GDPR, including the following. Please note that this summary is merely provided for your convenience, but we do not warrant the accuracy or exhaustiveness of this summary nor should you rely on this as an accurate or exhaustive list of your rights.

Right to Access. You have the right to learn whether or not your personal information is being processed. If it is being processed, you have the right to access the personal information, and to learn certain information about your personal information, including: (i) why it is being processed, (ii) the categories of personal information we collected, (iii) the recipients or categories of recipients to whom we have or will disclose the personal information to, (iv) if possible, the amount of time we will store the personal information, or if not possible, the criteria we use to determine such period and (v) available information about the sources for personal information we collected.
Right to Correction. You have the right to correct any inaccurate personal information about yourself. You also have the right to complete any incomplete personal information collected, including through providing an additional statement.
Right to Be Forgotten. You have the right to ask us to erase your personal information, which we will do without undue delay under certain circumstances. Examples may include: (i) where the personal information is no longer necessary for the purposes for which it was collected, (ii) where you withdraw consent on the basis of which we processed your personal information, and there is no legal ground for processing such personal information, (iii) where you invoke your right to object (described below) and there are no overriding grounds for processing such personal information, (iv) where your personal information has been unlawfully processed and (v) where the personal information has to be erased to comply with a legal obligation.
Right to Restrict Processing. You have the right to restrict the processing of your personal information under certain circumstances. Examples may include: (i) where you indicate the inaccuracy of your personal information, (ii) where the processing is unlawful but you would like the processing of your personal information to be restricted as opposed to erased, (iii) where we no longer need the personal information for processing, but you would like it restricted for a legal basis, and (iv) where you invoke your right to object (described below).
Notification of Recipients of Personal Information. If you exercise your Right to Rectification, Right to Be Forgotten or Right to Restrict Processing (each as described above), we will convey that to each recipient we have shared your personal information with. You have the right to request we provide you with a list of all recipients we have notified.
Right to Data Portability. You have the right to request your personal information in a structured, commonly used and machine-readable format.
Right to Object. You have the right to object to the processing of your personal information under certain circumstances. Examples may include: (i) where the personal information is being processed on grounds relating to your personal situation, where the legal grounds for processing such personal information falls under categories (v) and (vi) as described in the sub-section titled “Legal basis for processing information” and (ii) where the personal information is processed for direct marketing purposes.
Right to Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority. For more information, please contact your local data protection authority.
Right to Be Informed About International Transfers. You have the right to be informed about the international transfer of your personal information and safeguards in place. Please read the section of this Privacy Policy titled “International Data, Transfers and Processing”.
Right To Object to Profiling. We may use automated decision-making in operating our website. You have the right not to be subjected to any decisions arising from automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

To exercise any of your rights, please contact us using the contact details provided below. We are required to verify the identity of anyone who makes any request.

NOTICE TO CALIFORNIA RESIDENTS (CCPA NOTICE)

The information in this section, under the subheading “Notice to California Residents”, applies to residents of California. References to “you” and “your” in this section refer only to residents of California. The California Consumer Protection Act (“CCPA”), which took effect on January 1, 2020, provides privacy rights for residents of California. Please refer to the referenced sections in this Privacy Policy for details on the following, which you have a right to know under the CCPA:

To review information on the categories of personal information and the categories of sources from which we collect, use, store and share personal information, read the section of this Privacy Policy titled “Information We Collect and How We Collect It”.
To review information on the business or commercial purposes for which we collect information, read the section of this Privacy Policy titled “Purposes for Collecting Information”.
To review information on the categories of third parties we share personal information, read the section of this Privacy Policy titled “Third Parties We Share Information With”.

As a California resident, you have certain rights you can exercise under the CCPA, including the following. Please note that this summary is merely provided for your convenience, but we do not warrant the accuracy or exhaustiveness of this summary nor should you rely on this as an accurate or exhaustive list of your rights.

Right to Know. You have the right to obtain from us certain information about our collection of your personal information over the past 12 month period, including: (i) the categories of personal information we collected, (ii) the specific pieces of your personal information we collected, (iii) the categories of sources for the personal information we collected, (iv) our business or commercial purpose for collecting or selling that personal information, (v) the categories of third parties with whom we share that personal information, and (vi) if we sold or disclosed your personal information, then (a) a list disclosing the categories of personal information involved in sales and the categories of third parties to whom we sold your personal information and (b) a list disclosing categories of personal information disclosed for a business purpose and the categories of third parties with whom we shared your personal information. You have the right to obtain this information from us, free of charge, twice each year.
Right to Delete. You have the right to request that we delete your personal information that we have collected, subject to certain exceptions. When you contact us, please let us know the information you are requesting we remove, update, correct or amend, and the timeframe and manner in which you believe we came to collect such information.
Right to Opt-Out. You have the right to opt-out of the sale of your personal information. We do not sell, rent or trade your personal information to any third parties, as we value your privacy. Therefore, no request to opt-out of sale is necessary.
Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for exercising your rights under the CCPA. We will not discriminate against you in any way for exercising any of the rights available to you under the CCPA, including by denying you goods or services, charging you different prices or rates, providing you with a lesser quality of goods or services or suggesting that you would receive a different price or rate for goods or services or a different quality of goods or services.

To exercise any of your rights, please contact us using the contact details provided below. We are required to verify the identity of anyone who makes any request.

NOTICE TO CALIFORNIA RESIDENTS (California’s “Shine the Light” Law)

We do not share your personal information with third parties who we know or have reason to know may use your personal information for “direct marketing purposes” as contemplated by California’s “Shine the Light” law (Civil Code Section § 1798.83).

NOTICE TO NEVADA RESIDENTS

We do not exchange your personal information for monetary consideration with anyone who will license or sell your personal information to third parties.

CHILDREN’S PRIVACY

This website is not directed towards or designed for use by children under the age of 18. This website and the information contained on it is specifically designed for individuals over the age of 18. If you are under the age of 18, you must not access this website or perform any of the Actions. We do not knowingly collect, use, store or share personal information from children under the age of 18. If you know or have reason to believe that we have collected data from anyone under the age of 18, please contact us using the contact details provided for removal of that data.

most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies

If you choose to decline cookies, please note that some of the features and services of our website may not function properly. We also use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; and anti-fraud and information security purposes.

We may allow third-parties, advertising companies and ad networks (“Advertisers”) to display advertisements on our website. Advertisers may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements.

Our website does not provide any PII to these Advertisers, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they delivered, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect directly from you. The collection and use of that personal information is subject to the particular Advertiser’s privacy policy.

embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

links to other sites

Our website does contain links to affiliate and other websites. Our site does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy agreement applies only and solely to the information collected by our website.

Through affiliate links, identifying information may be carried over to an outside site to show that you visited that site from our site to ensure proper commissions are issued.

This includes:

Service/Tool/Method to collect dataData CollectedHow it’s CollectedWhy it’s CollectedCommentsName, email address, website, Ip address, and browser user agent stringForm submissionWe collect the data show in the comments form and also the visitor’s IP address and browser user agent string to help spam detectionAdsenseAd impressions, video-related events (i.e. pause, mute, 100% plays, etc.) or errors, and ad click events. CookieVarious cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform statsImpact Radius, Pretty Links, CJ Affiliates, AffilimateCookieUsed for affiliate marketing InstagramCookieHelps prevent cross site request forgeryPinterestTrack the usage of servicesCookieHelps prevent cross site request forgeryPinterest PixelInformation to help track conversions from Pinterest to our siteCookieUsed by Pinterest to deliver a series of advertisement products such as real-time bidding from third party advertisers

who we share your data with

We contract with the third parties listed in the table above to supply products, services, and a good user experience on our behalf. These include payment processing, delivery of goods, search engine facilities, advertising, and marketing.

In some cases these parties may require access to some or all of your data, when that is the case we take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with the law.

how long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Information collected using Google analytics is retained for 26 months.

Information submitted through forms, such as email forms or contact forms are retained until such a time as the data subject chooses to unsubscribe or invokes their right under GDPR to be forgotten.

what rights you have over your data

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Similarly, if you have subscribed to our email list you can unsubscribe at any time and make a request to the site administrator to have all personal data obtained via our email marketing service erased.

rights of california residents

If you reside in California, California Law (CCPA) gives you the right to ask if we sell or disclose your personal information to third parties.

We don’t sell your personal information to third parties for others’ direct marketing. We have never sold your personal information in the past. California law also gives you the right to opt-out of such sales (we don’t’ sell your information).

where we send your data

Visitor comments may be checked through an automated spam detection service.

how to contact us

Should you have any questions or concerns regarding our site or this privacy policy you may contact us at info@TheSensibleFay.com

changes to our privacy policy

We may change this privacy policy as we deem necessary from time to time or as required by law. Any changes will be posted on our site and you will have been deemed to have accepted them on your first use of our site following alterations. You should check this page regularly to ensure you are keeping up to date.

The date when this entire policy including the Disclaimers, and Terms and Conditions have been amended is at the bottom of this page.

liability

Everything on this website and in our resources are not to be considered professional advice. The Sensible Fay is not liable for any losses or damages related to actions or failure to act related to the content in this website. You should seek specific counsel from an attorney, a financial advisor, or hire a specialist advisor for anything relating to finances, marketing, or legal issues who specializes in your subject matter. The information included herein is for educational and informational purposes only.

terms and conditions

By Using The Sensible Fay, You Are Agreeing to Our Terms and Conditions Outlined Below.

terms

By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

use license

Permission is granted to temporarily download one copy of the materials (information or software) on Company’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
2. attempt to decompile or reverse engineer any software contained on Company’s web site;
3. remove any copyright or other proprietary notations from the materials; or
4. transfer the materials to another person or ‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. TheSensibleFay.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.

limitations

In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company’s Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Any individual(s) who issue(s) a chargeback or fails to pay the entirety of a payment plan will be blacklisted from purchasing material from The Sensible Fay or its subsidiaries, have the rights to any previously purchased material revoked, and be banned from access to free materials including but not limited to the The Sensible Fay newsletter, relevant social media accounts, and the free Facebook groups run by Gillian Shieh of The Sensible Fay.

Any individual(s) who are caught plagiarizing material from Company or other’s in Company’s communities shall be banned without warning from from access to free materials including but not limited to the The Sensible Fay, relevant social media accounts, and the free Facebook groups run by Gillian Shieh of The Sensible Fay.

intellectual property rights

Unless otherwise indicated, TheSensibleFay.com (hereinafter referred to as the “Site”) is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

revisions and errata

The materials appearing on Company’s web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.

links

Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user’s own risk.

site terms of use modifications

Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

account creation

In order to use any products purchased, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

lawful purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

refusal of service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

The Sensible Fay reserves the right to ban individuals who have purchased, participated in the distribution of, assisted in the production of, or in any way promoted or encouraged the fraudulent use of content, services, or courses that are the intellectual property and copyrighted works of The Sensible Fay. This ban includes refusal of service for paid and free offerings by The Sensible Fay.

duration of agreement

Once confirmed, we will provide you access to the purchased Service or product. You agree and understand that access to the Service/product may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against The Sensible Fay when there are reasonable delays in the access of the Service.

The Sensible Fay reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service. If for any reason, The Sensible Fay or any of the products should dissolve or cease to exist, then your access to the Service terminates.

limitation of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE SENSIBLE FAY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE SENSIBLE FAY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE SENSIBLE FAY CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SENSIBLE FAY, AND IF NO PURCHASE HAS BEEN MADE BY YOU CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

waiver

No waiver of any of the provisions of this Agreement by The Sensible Fay shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Sensible Fay.

prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

user generated contributions

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

contribution license

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

third-party website and content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

BREACHING COMMUNITY GUIDELINES

If any user misappropriates or resells or pirates or offers course material, blog material, or other information provided by The Sensible Fay, their account and access to any and all materials from The Sensible Fay will be terminated. The same is true of any user who behaves threateningly towards any party or community member.

Disclaimer

NOTICE: Please read the Disclaimer set forth below, which is legally binding. By visiting, viewing or using this website and/or by using any program, product, course or service from us, you agree to be bound by this Disclaimer, Privacy Policy, and Terms and Conditions.

GENERAL DISCLAIMER

The content on this website is provided to you “as is” and is intended to serve as general information. While we strive to provide you with quality content, we give no representation or warranty that the content is accurate, complete, updated, timely, relevant or free from typographical, technical, informational or pricing errors and omissions, whether negligent or otherwise. By using this website or any Products, you agree and acknowledge that your use of this website and use of any Products is solely at your own risk.

NOT PROFESSIONAL ADVICE

This website does not contain professional advice, nor is any professional-client relationship established with you through your use of this website. Any information found on or derived from this website should not be a substitute for and cannot be relied on as any legal, tax, real estate, medical, financial, risk management, marital or other professional advice. If you require any such advice, please consult with a licensed or knowledgeable professional in that area before taking any action.

YOUR RESPONSIBILITY

It is your responsibility to take all necessary steps to independently verify and ascertain that any information you choose to rely on from, access through or take action based upon this website or our Products is accurate, as we are not responsible for your use of the information obtained from or accessed through this website or our Products. Any views expressed on this website are solely the personal views of the author and do not necessarily reflect the views of The Sensible Fay.

EARNINGS DISCLAIMER

While we may, on this website, through any of our Products or in our communications, reference certain results or outcomes, you agree and acknowledge that information about these results or outcomes are received from third parties and we have no control over the accuracy of such statements, nor is there any guarantee that you can achieve the same results or outcomes. You agree and acknowledge that these results are not guaranteed or typical in any way and that individual outcomes may vary. Please do not rely on these results or outcomes in using the website or purchasing any Products.

THIRD PARTY LINKS

Our website may contain links to third party websites, for example, through hyperlinks we provide or through banners or advertisements, solely as a convenience to you. However, we are not responsible for any content found on or accessed through any links to third party websites. Any links to third party websites we provide do not serve as endorsements by us for the third party website or any of the products or services you may find on such website. We have no control over third parties and assume no responsibility for any third party websites or any of the products or services you may find on such websites, even if you access a third party website through a link on this website. If you choose to access a third party website, it is solely at your own risk.

TESTIMONIALS DISCLAIMER

This website may contain testimonials by users of our Products. Each testimonial reflects solely the personal view, opinion or experience of the individual providing the testimonial and does not reflect our views or opinions. You should not rely on any testimonial as indicative of a certain result or outcome. We do not claim, nor should you assume that your use of our Products will lead to the same result or outcome. We also do not independently verify, nor can we guarantee the accuracy of any information provided in such testimonials.

Except for correcting spelling and grammatical errors, each testimonial appears verbatim as we have received it. We do not pay or provide any form of compensation to individuals for providing testimonials.

These testimonials are provided by students and clients as case studies about other’s experience with our website, products and services. There are several factors that determine a client/customer/student’s success such as hard work, time available, implementation speed, as such I can in no way guarantee that current or future clients/customers/students will achieve the same or similar results as previous clients/customers/students. These simply to illustrate what is possible.

Individual(s) who offer testimonials via emails responding to newsletters or student emails, Google My Business, or forms are agreeing to those testimonials being fair use for The Sensible Fay. If the individual(s) wishes for their testimonial to be removed or remain anonymous, please contact info@thesensiblefay.com with the link to the testimonial and information on what they would like edited/removed.

The use of our information, products, and/or services should be based on your own due diligence and you agree that The Sensible Fay and/or advertisers or sponsors of thesensiblefay.com are not liable for any success or failure of your business.

AFFILIATE DISCLAIMER

This website may contain links to affiliate websites. When you click on and/or make a purchase through an affiliate link placed on our website, we may receive a small commission or other form of compensation at no additional cost to you. Please assume that any links contained on our website are affiliate links. Our use of affiliate links does not influence the products, services and websites that we share with you. This Disclaimer applies to all of the various means we use to communicate with you, including via this website, email, phone, social media, our Products or otherwise.

AMAZON AFFILIATE DISCLAIMER

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. When you click on and/or make a purchase through a link to an Amazon affiliate link placed on our website, we may receive a small commission at no additional cost to you.

fair use disclaimer

We may use copyrighted material on our website without specific authorization. In these instances, we do so because we believe such use constitutes fair use of any such copyrighted material under Section 107 of the United States copyright law.

doubleclick dart cookie

Google, as a third party vendor, uses cookies to serve ads on thesensiblefay.com.
Google’s use of the DART cookie enables it to serve ads to users based on their visit to thesensiblefay.com and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL – http://www.google.com/privacy_ads.html

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include Google Adsense.

These third-party ad servers or ad networks use technology to the advertisements and links that appear on thesensiblefay.com send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies ( such as cookies, JavaScript, or Web Beacons ) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see.

The Sensible Fay has no access to or control over these cookies that are used by third-party advertisers.

You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. The Sensible Fay’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.

financial considerations

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.

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 United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in United States.

expiry

Any offer with an expiry will be clearly stated on the invoice and/or confirmation page. The offer must be redeemed within the period before expiry, with no extensions. If the offer expires without being used, You have waived your right to the fulfilment of the offer. We are not responsible for reminding you of expiry dates beyond our first notice on the invoice and/or confirmation page.

consent

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

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

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

severability

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

Last Updated: November 19, 2024