Terms and Conditions

Hello! Welcome.

Please read the following statement carefully and check back periodically to review any changes, modifications, additions, or deletions that may occur from time to time without notice.

The following Terms and Conditions (“Terms”) shall govern your use of thelotusandthelion.net (hereinafter “Website”), owned by Kimberly Millet Heiny (“Company” “we” “our”), a United States based company.

This Website is designed to provide information on the topic of life, spirituality, coaching and mental health. Such information may include data, articles, services, programs, opinions, images and photographs, audio/video recordings, software, copy, illustrations, and teachings (collectively, “Content”). The information is not to be construed as medical advice or care.

The Company makes no representation that the Content provided on the Website shall pertain to countries outside of the United States. It is your responsibility to comply with the laws of your jurisdiction.

This Website is designed to give you an engaging and informative experience via its Content. We are committed to protecting your rights as a user of this website as well as the rights of this Company.

These Terms are intended to govern your use of this Website, and your continued use of this Website constitutes your acknowledgment of having read the terms and conditions stated herein and your agreement to be bound by these terms and conditions.

If you do not agree to be bound by these Terms you are not permitted to use this website.

LIMITATIONS ON USE You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years of age, you are not permitted to access this Website for any reason whatsoever.

Much of the Content that appears on this Website can be accessed for free. In exchange for this free access you agree that you will not remove, or allow a third party to remove, modify, or copy any part of the Content for your personal or business use or that of another person’s personal or business use.

NOTICE OF COPYRIGHT, TRADEMARK, PATENT, TRADE SECRETS All Content is the intellectual property of the Company and/or its affiliated companies and licensors and is therefore protected by copyright, trademark, patent, trade secrets and/or other intellectual property or proprietary laws. Any use, republication, removal, alteration, modification, or copying of the Content, is strictly prohibited. This means you may not republish or redistribute any part of the Content, whether in written or digital format, without the prior express consent of the Company. Distribution of any of the Content to others, whether you paid for the Content or not, is strictly prohibited without prior consent.

The Company reserves all of its rights in the Content and in this Website. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.

YOUR PERSONAL INFORMATION Should you choose to provide personal information to the Website, you agree that it will be true and accurate. Using a name other than your own legal name is prohibited.

INFORMATION SUBMITTED TO THIS WEBSITE BY YOU The information provided to us by you shall be used in accordance with this Website’s Privacy Policy.

You hereby warrant that you are the rightful owner of any and all information you submit to the Company via this Website, and you further warrant that you have complete authority to submit said information. Furthermore, you hereby grant the Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to the Company via this Website.

SECURITY OF THE WEBSITE You agree not to violate or attempt to violate the security of this Website. You are prohibited from accessing all data and systems belonging to the Company’s digital network, security measures, hosts and servers. Any unauthorized use or access by you shall be subject to civil or criminal investigation.

MODIFICATION OF THESE TERMS AND CONDITIONS The Company has the right to change, modify, add, or delete any part of the Terms of this agreement, and at any time, without notice. You agree to review these terms periodically and acknowledge that by continuing to use this Website you accept any changes or modifications to these Terms.

INDEMNITY/LIMITATION OF LIABILITY These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the website, including our Privacy Policy.

JURISDICTION These Terms have been made in and shall be construed and enforced in accordance with Utah law. Any action to enforce this agreement shall be brought in the federal or state courts located in the county of Davis. If any provision is deemed to be unlawful or unenforceable, it shall not affect the validity and enforceability of any of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Any failure of the company to enforce or exercise any provision of this agreement or any related rights shall not constitute a waiver of those rights or provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.

SECTION TITLES The section titles used in this statement are purely for your convenience and carry with them no legal or contractual effect.

TERMINATION OF ACCESS In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to the Company, and all other provisions for which survival is equitable or appropriate. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.

CONTACT INFORMATION If you have any questions, concerns, or problems related to this Website, please contact mycoachkimmy@gmail.com

UPDATED: March 6, 2022

Privacy Policy

Thank you for visiting www.thelotusandthelion.net (hereinafter “Website,” “Site,”), owned by Kimberly Millét, Kimberly Heiny (hereinafter, “Company,” “we,” “us,” “our”), a Utah based company.

Please see the Company’s contact information at the bottom of this privacy statement should you have any questions.

We respect and value the privacy of everyone who visits our Site and will only collect and use information in a manner consistent with your rights and our obligations under the law.

This Privacy Policy applies only to your use of this Website. It does not extend to any websites that are linked to from our Site (whether we provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

Please read this statement carefully as it is intended to help you understand the types of information we collect, why we collect it, and the ways you can manage any personal information we may collect about you.

We have made every reasonable effort to explain the terms of this Privacy Policy in easy-to-understand language. If you have any questions, please use the contact information provided below.

It is important to us that you make a reasonably informed decision as to whether to continue reading the information provided on this website and whether you ultimately choose to share any of your personal information with us.

PERSONAL INFORMATION For purposes of this Privacy Policy, “personal information” means any information that could identify you as an individual through information that is unique to you. This type of information is often referred to a “unique identifier,” which is a numeric or alphanumeric string of characters that can be used to uniquely identify an individual. Obvious unique identifiers are name, address, and phone number. Other unique identifiers include your email address, a website URL, billing information, Internet Protocol (IP) addresses, or any other data that could reasonably be linked to your identity.

Unique identifiers can be used for various purposes, including remembering your browsing preferences, your purchase history, directing advertising specifically to you, collecting information about your browsing history, as well as determining whether emails sent to you by us were received and/or opened.

We also use the information we collect from your use of our existing programs and services to help us develop new ones, and at times to send you personalized ads based on your particular interests. However, we do not use sensitive information such as race, sexual orientation, religion, or health, to determine which ads we send you, and we do not collect genetic or biometric data (ex., fingerprints, retina patterns, voice waves).

Unique identifiers are sometimes stored in “cookies” (see below) to help websites display certain content in your browser, and to remember, for example, your preferred language.

We may also collect information from the content you provide to us through our products and services. Be advised that this content may also include personal information that would also be protected by our Privacy Policy.

WHY WE COLLECT AND STORE INFORMATION FROM YOUR COMPUTER As indicated above, data regarding your computer hardware and software, including your IP address, browser, dates and times of access, domain names, and websites that referred you here, may be collected by the Site for purposes of improving the quality of the information and services provided; to understand our visitors’ preferences; to make improvements to our visitors’ overall experience of this website; and to personalize this experience where doing so would improve the enjoyment of the Site.

With the data we collect from your computer hardware and software, we are able to learn about the number of visitors to our Site and the types of technology visitors use on our Site. However, we do not track or record information about individuals and their visits (unless they are willingly participating in one of our programs) and we do not share this data with anyone outside the Company unless necessary for law enforcement purposes (see “disclosure exceptions” below). In other words, while we may be tracking what your computer is doing, we are not tracking the various individuals that may be using a particular computer unless they have identified themselves as a participant in one of our programs.

INTERACTING WITH YOU The information we collect from you, specifically your email address, is used to interact with you directly, however it is a privilege we do not take for granted. While we may use your data for marketing purposes, which may include contacting you by email with information, news and offers about our products and services from time to time, we will not send you any unsolicited marketing materials or spam and promise to take all reasonable steps to ensure that your privacy rights are protected.

If you’re already a client, we use your information to communicate with you directly as a method of providing information about how to use our programs.

You always have the option to unsubscribe from all mailings by clicking the “unsubscribe” link at the bottom of all emails we send. You may also email us directly about your privacy preferences. (See our contact information below.)

PROCESSING YOUR PERSONAL DATA Your Personal Data will be processed by us only if we have a lawful basis for doing so. “Processing” generally includes actions that can be performed in connection with data such as collection, use, storage and disclosure. Lawful bases for processing data include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

First and last name Email address Password Access to content (such as classes, membership, or courses) Legitimate Interest: We may process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

First and last name Email address Location information IP address Your activity on the Services, including class usage information and community interaction data Examples of these legitimate interests include:

Operation and improvement of our business, products and services Personalization of web content on the Service Analyzing the use of the Services Marketing of our products and services Provision of customer support Protection from fraud or security threats Compliance with legal obligations Completion of corporate transactions Consent: In most cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

GATHERING PERSONAL DATA WITH YOUR CONSENT Personal information that uniquely identifies you is only gathered with your explicit authorization and only in exchange for information, products, or services, whether free or paid. Be advised that if you choose not to provide this information you will not be able to receive information, products, or services offered by us to you as we will not have the means to deliver it to you.

We will only process your personal data if at least one of the following applies:

You have given consent to the processing of your personal data; Processing is necessary for the performance of a contract to which you are a party; Processing is necessary for compliance with a legal obligation to which we are subject; Processing is necessary to protect the vital interests of you or of another natural person; Processing is necessary for the performance of a task carried out in the public interest; and/or Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by one’s privacy rights or where the data subject is a child. You always have ultimate control over the information you receive from us. Note that some of your information may be shared with third party payment processors and credit card companies in order to process payment transactions and the delivery of our products and/or services to you.

Any information that we may reasonably provide to other trusted businesses in order to process business transactions you choose to have with us are always in accordance with our instructions and comply with the terms of this Privacy Policy and the confidentiality we promise to uphold on your behalf. For example, we may use a third party service provider for customer support purposes.

We will never intentionally disclose any information regarding your personal identification to any third party without your consent. If you choose to provide us with such information, you agree to receive information, products, or services from this website.

If at any time you wish to opt-out, or unsubscribe, you may do so by clicking “unsubscribe” at the bottom of any email you receive from us, or by notifying the Company directly. See our contact information below. Rest assured that you always have the ability to manage your contact information.

We will always ask for your permission before using any of your personal information for a purpose that has not been covered in this Privacy Policy.

Be advised that when you click and follow a link on this Website that takes you to another website, your interactions outside of this website are no longer protected by our Privacy Policy.

NOTE: We may share information that does not include a unique identifier and would not reasonably be considered “personal data” in that it does not include information that would allow anyone to identify you as an individual. For example, advertisers or outside services may use non-personal data to enhance the experience of a visitor to their websites.

THIRD PARTY ANALYTICS SERVICE PROVIDERS As indicated above, this Website may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of the Website and viewing of content on the Site.

Third party analytics service providers may use cookies to track certain behavioral usage information regarding users of your computer through use of their own tracking technologies. Third party cookies and other tracking technologies are not controlled by us, even if they use our technology to store or collect data. This Privacy Policy does not apply to the methods for collecting information used by third party analytics service providers or the use of the information that such third party analytics service providers collect. Note that the relevant third party analytics service providers’ terms of use, privacy policies, permissions, notices and choices should be reviewed by you regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party analytics service providers.

GOOGLE ANALYTICS We use Google Analytics to gather data that allows us to understand how our website and the services we offer are being used, and to improve both our website visitor and client experiences.

OPTING OUT OF GOOGLE ANALYTICS TRACKING You can install the Google Analytics Opt-out Browser Add-on by clicking here.

You can also opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

FACEBOOK We strictly abide by Facebook’s Data Use Restrictions when advertising on Facebook.

DATA COLLECTION TECHNOLOGIES WE USE We may use various technologies to collect and store information, including cookies, (text files placed on your hard drive by our server to store information about the way you use our Site so that it can recall that information in order to personalize your next visit).

Certain features of our Site may depend on cookies to function. These Cookies are deemed to be “strictly necessary” under the most stringent privacy laws, including the European Union’s GDPR (see below).

You may also restrict your internet browser’s use of cookies. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your Internet browser or the documentation that came with your device.

You may also choose to delete cookies at any time however you will likely lose any information that enables you to access our Site more quickly and efficiently.

DATA OBTAINED FROM THIRD PARTIES We follow what are considered generally accepted industry standards to protect the personal data submitted to us, however no method of transmission or electronic storage can ever be 100% secure. For this reason we cannot guarantee the absolute security of such data.

The Company may obtain data indirectly from third parties such as social networks and other public sources, including public databases.

The transmission of any sensitive information (such as credit card number) you provide to us on order forms that are hosted by third party service providers is encrypted using secure socket layer technology (SSL).

RETENTION AND STORAGE OF YOUR PERSONAL INFORMATION The Company retains your personal information only for as long as reasonably necessary to fulfill the purpose for which it was collected, as well as to comply with applicable laws. You may make a request to remove any and all data collected by us. See our contact information below.

We take appropriate technical and organizational measures to ensure a level of security appropriate to the level of risk.

DISCLOSURE EXCEPTIONS This website will disclose your personal information, without notice, but only if:

It is required to do so by law; As required by service of process; To defend our rights and property; To protect the personal safety of visitors to this website. IN THE EVENT OF A PERSONAL DATA BREACH Should there be a breach of personal data, the Company shall notify you and all competent supervisory authorities without undue delay and, where feasible, not later than 72 hours after having become aware of such a breach.

DATA PROTECTION LAWS Data protection laws differ from state to state (in the United States) and from country to country, with some having greater protections than others. We strive to maintain the highest level of privacy for anyone who shares information with us, regardless of where they reside.

Whenever we receive formal written complaints, we respond directly to the person who made the complaint. Should you have a complaint, please be sure to include your contact information so that we may act swiftly to rectify the situation. We are further committed to working with any appropriate regulatory bodies to resolve complaints regarding any transfer of data that is in breach of this Privacy Policy.

EUROPEAN UNION PERSONAL DATA If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (“GDPR”) with respect to your personal data so as to ensure that it is processed lawfully, fairly, and transparently, without adversely affecting your rights.

Upon request, we agree to provide you with information regarding any of your personal data that we have processed. You always have the right to withdraw your consent, request erasure of any personal information we hold, and/or object to further processing of such information. Please email us at the contact email provided below and put “Attention Privacy Protection Officer” in the subject line. Upon receipt of your email we will cease processing your personal data.

CALIFORNIA RESIDENTS The California Online Privacy Protection Act (CalOPPA) requires California companies to provide an opportunity for California residents to opt-out or unsubscribe from having personal information used by third parties (such as advertisers or affiliated companies) for direct marketing purposes.

This Company is not a California based business and therefore does not honor behavioral advertising opt-out or “do not track” mechanisms. This includes general web browser “Do Not Track” settings and signals.

However, if you are a California resident you may contact us using the contact information below to exercise your disclosure choice options.

CHILDREN: MINIMUM AGE REQUIREMENT This website complies with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the Internet.

This website is intended for persons eighteen (18) years of age or older. However, per COPPA rules, anyone under the age of thirteen (13) must seek the permission of a parent or guardian before using this website.

Furthermore, this website will not knowingly contact or collect personal information from anyone under 13, and does not intend to solicit information of any kind from persons under the age of 13.

WHEN THIS PRIVACY POLICY DOESN’T APPLY This Privacy Policy does not apply to third parties that may advertise our services or to companies who may link to this Website. Neither does it apply to websites to which we may include links in our informational materials and in our services.

POLICY CHANGES/REVISIONS The Company reserves the right to change this Privacy Policy, without notice, at its discretion, by posting updates on this website. You are encouraged to revisit this page periodically in order to stay informed of any changes. The Privacy Policy posted at any time via this website shall be deemed to be the Privacy Policy then in effect.

It is incumbent upon you to make reasonable efforts to review our Site’s Privacy Policy from time to time so as to become aware of any changes, revisions, or modifications. However, we will not make any significant changes without providing you with reasonable and sufficient notice by email where possible. Should your privacy rights be affected in any way by changes to this Privacy Policy, you will be notified to obtain consent to such changes. We also indicate the date of the most recent updates to these terms.

CORRECTING OR UPDATING YOUR INFORMATION You are invited to help us keep your personal data up to date by notifying us of any changes to your personal information. You may contact us to correct or update your personal information.

HOW TO CONTACT THE COMPANY If you have any questions or concerns regarding this website’s Privacy Policy, or how your personal data is being used by the Company, please contact us by email at: mycoachkimmy@gmail.com

Please put “ATTN Privacy Protection Officer” in the subject line.

UPDATED: March 6, 2022

Disclaimer

This Disclaimer governs your use of thelotusandthelion.net (Hereinafter “Website,” “Site”). Your continued use of this Website after reading this Disclaimer in its entirety constitutes acceptance of its terms AND creates a legally binding agreement between you and the owner of this Site, Kimberly Millét Heiny

If you disagree with any part of the terms set forth below, DO NOT CONTINUE TO READ OR USE THIS WEBSITE IN ANY MANNER WHATSOEVER.

TERMS DISCLAIMER OF WARRANTIES The information, coaching, and training materials found on this Website, including but not limited to information contained in blog posts, podcasts, videos, coaching calls and/or recordings, images, email newsletters or other text files, including all products and services, whether free or offered for sale (collectively, “Content”), are provided “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE AND CARE Kimberly Millét, Kimberly Heiny is not a medical doctor and is not offering medical advice on this website. The Content is not to be construed as, and is never intended to be used as a substitute for professional advice or care. The information provided throughout this Website must not replace or be a substitute for the services of trained and licensed professionals, including those in the financial, medical, behavioral, or other health-related fields.

If you are in need of professional advice or medical care you must seek out the services of your own doctor or health care professional. Under no circumstances shall Kimberly Heiny, Kimberly Millét and www.thelotusandthelion.net (collectively, “Company,” “we,” “our,” “us,”) or any of our representatives or contractors, be liable for any special or consequential damages that may result from the use of, the improper use of, or the inability to use the Content found on this Website.

NO FUTURE GUARANTEES AS STIPULATED BY LAW, NO FUTURE GUARANTEES CAN BE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT AND ALL FORWARD- LOOKING STATEMENTS INCLUDED ON THIS WEBSITE ARE SIMPLY ILLUSTRATIVE AND NOT INTENDED AS PROMISES OF ACTUAL RESULTS. YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL AND IT WILL BE IMPORTANT TO INCLUDE THOSE FACTORS IN DETERMINING YOUR ACTUAL RESULTS. BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE AND BY YOUR USE OF THE CONTENT YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.

LIMITATION OF LIABILITY EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY CLAIMS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY PHYSICAL OR MENTAL ILLNESS AND/OR ANY LOST REVENUES, PROFITS, OPPORTUNITIES, AND/OR LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU FROM COMPANY OR INFORMATION MADE AVAILABLE THROUGHOUT THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES CONTAINED IN SUCH INFORMATION.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

MODIFICATION OF TERMS We reserve the right to modify the terms of this Disclaimer at any time. It is your responsibility to periodically check back here to review this statement for any changes.

REASONABLENESS OF TERMS By continuing to use this website after reading these Terms, you agree that the exclusions and limitations of liability set forth above are reasonable and acceptable.

DATE: March 6, 2022