Terms & Conditions

Terms and Conditions for All Purchases

 

Thank you for choosing Seizing Happy®! By completing your purchase, you agree to the following Terms and Conditions. These terms help protect our work, enhance your experience, and ensure a successful, seamless journey.

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products,​ ​including​ ​online​ ​courses. These Terms​ ​and Conditions apply to all  GiGi Diaz, Seizing Happy® Online Courses, events, and overall services. 

 

PARTIES

These Terms and Conditions (the "Terms") are entered into between you (the “Client”) and Seizing Happy®  (referred to as the "Company," "we," or "us"). By participating in the services offered by Seizing Happy®, you accept and agree to be bound by these Terms, which constitute a legally binding agreement between you and Seizing Happy®.

 

ACCEPTANCE OF TERMS OF PURCHASE

These Terms govern your access to and use of our services. It is your responsibility to read these Terms before participating in our programs or purchasing any of our offerings. By completing your purchase, you agree to comply with all terms, policies, and procedures outlined herein.

 

SERVICES

Our services may include, but are not limited to:

• Access to digital content, courses, coaching programs, virtual and/or in-person events and downloadable materials.

• Live or pre-recorded coaching sessions conducted via Zoom or other platforms.

• Any updates to program materials, available through our client portal or other access points.

• Any other offers created by Seizing Happy®

 

CLIENT RESPONSIBILITY

As a Client, you are expected to complete the designated work and follow through with recommendations provided during your engagement in our services. While Seizing Happy® provides guidance and tools for success, your outcomes will ultimately depend on your commitment, actions, and individual circumstances. We do not guarantee specific results.

 

REGISTRATION AND PAYMENT

In exchange for the Company’s services, you agree to pay all fees as displayed on offer websites. We reserve the right to change Course Fees at any time. All payments are final and non-refundable. 

Recurring Payments. If you have signed up for a payment plan or subscription, 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. 

Payment failures or incomplete payments may result in the suspension or termination of services. By participating, you agree to remain responsible for any outstanding balance if you discontinue the service. 

Please note: If you opted for a payment plan that offers a free trial, and you do not request a refund before the trial period ends, you are required by law to complete the remaining payments of your payment plan.

 

LATE FEES

Payments not received within five (5) days of their due date will incur a 1.5% daily late fee on the outstanding amount until payment is received.

 

CHARGEBACKS

We ask that you contact us directly to resolve any payment issues before initiating a chargeback with your financial institution. In the event of a chargeback, you agree to forfeit all intellectual property and program access rights associated with your purchase. Seizing Happy® reserves the right to present proof of purchase and these Terms to your financial institution during any chargeback dispute.

 

BUSINESS HOURS AND COMMUNICATION

Our business hours are Tuesday to Thursday, 9:00 am to 3:00 pm EST. We strive to respond to all inquiries within 3 business days during these hours. Inquiries received outside business hours or during Company closures for holidays or vacations will be addressed on the next business day.

   

CANCELLATION POLICY

Should you choose to discontinue your services, all payments are non-refundable, and you remain responsible for any outstanding balance on your payment plan. Cancellations must be received via email to [email protected] at least 15 days before next billing date. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 15 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs. 

 

FORCE MAJEURE

Seizing Happy® will not be liable for any delays or failure to fulfill obligations due to unforeseen circumstances outside our control, such as acts of God, fire, strikes, or public health emergencies. We will make reasonable efforts to mitigate any effects of such events.

 

CLIENT CONFIDENTIALITY

During your participation, you may have access to proprietary information. You agree to treat this information as confidential, sharing it only as permitted by the Company, and returning or deleting all materials upon request or termination of services. Confidential information includes, but is not limited to, business strategies, coaching materials, market insights, and client data.

 

INTELLECTUAL PROPERTY RIGHTS

All materials, including but not limited to graphics, video content, texts, and presentations, are protected by copyright and other intellectual property laws. The reproduction, distribution, or modification of Seizing Happy® content is strictly prohibited and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. 

You​ ​may​ ​not:
Re-sell or trade your access to the Course;
Share the Course with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Course, except as set forth above and for your own individual use;
Republish any of the Course, in part or in whole;
Distribute any of the materials contained in the Course or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Course for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials);
Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).   

Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Course(s) or related materials, and we reserve the right to disclose your participation in the same.  

 

NO REPRODUCTION

You are not permitted to reproduce, resell, or republish any materials received as part of our services. Unauthorized use of Seizing Happy’s intellectual property may result in legal action.

 

PRIVACY

Your personal information is protected and managed according to our Privacy Policy. By purchasing and participating in our services, you consent to our handling of your information as described in the Privacy Policy.

 

USER CONTRIBUTIONS

If you share any materials with us, you grant Seizing Happy® a non-revocable commercial license to republish your submissions unless explicitly stated otherwise.

 

RESULTS MAY VARY DISCLAIMER

While we may share testimonials or success stories, results vary, and success depends on many external factors including business models, individual efforts, and other individual circumstances. We do not guarantee any specific outcomes and disclaim responsibility for client results.

 

GENERAL DISCLAIMER

Our services are provided “as is” for informational and educational purposes only. We do not guarantee that the content will meet your specific needs or expectations and assume no liability for any reliance on such materials. Seizing Happy® does not provide medical, legal, or financial advice, and our services are not intended to replace the advice of licensed professionals.

 

TECHNOLOGY DISCLAIMER

We make every effort to provide reliable technology but do not assume liability for any technological failures or inaccuracies.

 

WARRANTIES DISCLAIMER

Our services and materials are provided without warranties of any kind, express or implied. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

 

COACHING AND MENTAL HEALTH SUPPORT

All coaching services provided by Seizing Happy® and GiGi Diaz as well as team and staff are intended solely for educational and personal development purposes. Coaching is a professional partnership focused on setting and achieving business, personal, and lifestyle goals; it is not therapy, counseling, or a substitute for mental health care.

Seizing Happy® and GiGi Diaz do not diagnose, treat, or prevent any mental health disorders, and coaching services are not a substitute for licensed mental health services. If you are experiencing mental health challenges or require emotional support, we encourage you to consult with a qualified mental health professional.

By participating in any coaching services, you acknowledge and agree that you are responsible for your own well-being and actions and that you will seek appropriate professional help if needed.

 

WARRANTIES AND REPRESENTATIONS

By participating, you represent that you are legally permitted to enter into this agreement and that your participation does not conflict with any third-party agreements.

 

ASSIGNMENT

These Terms are personal to the Client and cannot be assigned or transferred without the Company’s written consent.

 

ASSUMPTION OF RISK

By engaging in our services, you assume all risk associated with your participation and take full responsibility for any actions taken based on the information provided.

 

PRIOR PURCHASE

If you’ve already purchased an offer or service and win a raffle that includes that purchase free of charge, or purchase a bundle that includes said offer in it, that inclusion is not applicable to you due to prior purchase. Prior purchases will not be refunded. Subscriptions will not be paused or canceled in exchange for free access. 

 

INDEMNITY AND RELEASE

You agree to indemnify and hold harmless Seizing Happy®, its affiliates, employees, and agents from any third-party claims, damages, or expenses arising from your participation, use of our materials, or breach of these Terms. 

 

LIMITATION OF LIABILITY 

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

Limitation of Liability. GiGi Diaz, Seizing Happy® and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Course(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Course(s) and related material(s). 

Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Course, and to give the Company an opportunity to resolve those concerns or issues. 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. If a civil cause of actions is filed by or against the Company related to the Course(s), the laws of Florida shall apply.

Non-Disparagement. If you are found to be slandering, libeling or otherwise disparaging our Company, Course(s) or related materials, you will be immediately removed from the Course(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. 

 

WAIVER

Our failure to enforce any provision of these Terms will not waive our right to enforce it later. All waivers must be in writing.

 

LIMITATION ON TIME TO FILE CLAIMS

Any claims related to these Terms or services must be filed within one (1) week from the event causing the claim; otherwise, they are permanently barred. 

 

SEVERABILITY

If any portion of these Terms is deemed unenforceable, the remaining provisions will continue in full effect.

 

NOTICES

All notices to Seizing Happy® should be sent in writing to:

Seizing Happy
Attention: Seizing Happy
[email protected]

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Seizing Happy®, superseding any prior agreements or understandings.

 

GOVERNING LAW

These Terms are governed by the laws of the State of Florida.

 

MEDIATION

In the event of a dispute, the Parties agree to attempt mediation in Miami-Dade County, Florida, or via Zoom. Mediation costs will be shared equally by both Parties.

 

JURISDICTION AND VENUE

Unresolved disputes will be handled in state or federal courts of Miami-Dade County, Florida. The Parties consent to the exclusive jurisdiction of these courts.

Contact.​ ​If you have any questions about any term of these Terms of Use, please contact us at [email protected]