Disclaimer, Terms of Use, & Privacy Policy
DISCLAIMER
This blog and website by The Vagina Whisperer, LLC, are the opinions of the author and is intended for educational and informational purposes only for adults over 18. It is not intended to provide medical or physical therapy advice. While we make reasonable efforts to provide relevant, accurate and useful information, you understand that such information is by no means complete or exhaustive, and does not encompass all conditions, disorders, health-related issues, or respective treatments. You should always consult your physician or other healthcare provider to determine the appropriateness of any information in our Blog or on our website to your own health situation. We assume no responsibility for damage or harm resulting from use of our published information. Your use of the information in our Blog and on our website is at your own risk.
COPYRIGHT
This blog and associated website and contents are owned and licensed by The Vagina Whisperer, LLC. The material contained within this blog and associated website are the copyrighted works of The Vagina Whisperer, LLC. All rights reserved.
Program Participation Agreement and Liability Waiver
The Vagina Whisperer, LLC offers pelvic health, pregnancy and post-partum online exercise/fitness, wellness and coaching programs. As a condition of participation in our program, you agree to the following. If you do not agree, do not participate in our online program.
- You attest that you are at least 18 years old to participate in our program(s). We do not intend for our program(s) to be used by individuals younger than 18.
- Our wellness, educational and fitness exercise programs, even if targeted at a specific medical or physical problem, are intended to provide general education, not specific medical or physical therapy advice for you or any other particular individual. If we suggest self-assessment procedures, it is not intended to substitute for a medical or physical therapy exam. If we answer questions from you or other participants in the group, our answers are intended to be hypothetical only and not intended as specific medical or physical therapy advice for you or any other particular individual. You also understand and agree that none of our communications, whether in an individual or group session, establish a patient-therapist relationship. If you seek or require specific individualized advice, we will refer you to a provider in your area or recommend a physical therapy consultation with us via telehealth or in our office.
- If the program you participate in provides suggestions on general exercise, you understand that there are risks in participating in any exercise program. You may be at risk for injuries, including but not limited to tendinitis and muscle strains, back or neck injuries, paralysis, cardiovascular events or even death. If an exercise requires balance, you could be at risk for falling, which could result in fracturing bones. You may also experience muscle soreness from working muscles that are weak or deconditioned. When using exercise equipment, such as weights, resistance bands or therapeutic balls, there are always risks that the equipment may malfunction or fail, potentially causing injury, especially if it is not properly used.
- We recommend you obtain medical clearance from your primary care or another qualified medical provider before participating in our online program. Your participation in our online program is solely at your own risk whether you obtain medical clearance or not. You knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for your participation.
- We do not claim that our general exercise/fitness, wellness and general coaching program(s) will result in any particular or specific therapeutic, performance or other outcome.
- You understand that although our program instructors may be physical therapists, our virtual programs, whether offered to the public for free or through a paid program, are not physical therapy interventions or advice. You acknowledge and agree that we have not examined you (and have no duty to examine you) and no patient/client-therapist relationship has or will be established by you watching or participating in general exercise/fitness, wellness and general coaching program(s).
- You understand and agree that you have no expectation of privacy while participating in an online group session. If you participate in an individual online instructional or educational session, you understand that it is not considered a “telehealth” session because we are not providing medical or physical therapy interventions or advice, therefore, state and federal health care privacy laws (such as HIPAA) do not apply. As such, you should not disclose information about yourself that you do not want other participants to know.
- If the program you participate in is a group session, we may record the session and post it on social media sites or our website. We may also use it for other promotional purposes or training. If you do not want your image to be recorded, you should block or turn off your webcam. If you do not block or turn off your webcam, you are consenting to being recorded and allowing us to use your image in our recording for any legal purpose at our discretion without any expectation of attribution or compensation. We will not, however, associate your name with any recording that contains your image without first obtaining your consent, providing you do not voluntarily state your name at any time during the recording.
- Product Recommendations. We may recommend products that we think may benefit you through our education/coaching sessions. We may be affiliates to the distributor or manufacturer of the products we recommend. This means we may make a small commission if you make a purchase. The products we recommend on this website and in blog posts are always products we use ourselves or recommend to clients. However, by recommending a product and providing a link, we are not endorsing any particular vendor and make no claims or warranties regarding the products we recommend and you are free to obtain the products from the vendor of your choice.
- You acknowledge and accept the potential technology risks of participating in an online program, including but not limited to the risk of (1) interruption of the audio/video link, (2) disconnection of the audio/video link, (3) video that may not be clear, and (4) potential of unauthorized access to the live or recorded session. We are not responsible for these or other technology problems.
- You agree, on behalf of yourself and your heirs, assigns, personal representatives and next of kin, to assume these and all injury risks and waive all liability against Sara Reardon and The Vagina Whisperer, LLC, it’s officers, members, employees, subcontractors, agents, assigns and other participants and sponsoring agencies (“Releasees”) for any and all claims, lawsuits, damages, liability, costs and expenses, including reasonable attorneys’ fees, for any personal injury or personal property damage claims, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
SALES POLICY
The purchase of products on this website is subject to the following terms and conditions. All customers are advised to review these carefully before making any purchase.
- Online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer purchased product/s to any third party or person.
- All purchases made on www.thevagwhisperer.com are non-refundable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us at hello@thevagwhisperer.com to discuss a resolution.
PAYMENTS
All transactions conducted through The Vagina Whisperer are handled by a dedicated third party to ensure your information is secure. All payment information is handled by MemberPress and Stripe and your credit card information is not stored by The Vagina Whisperer. Please read the terms & conditions for MemberPress and Stripe, as those sites are responsible for the transactions made.
As all of our products are digital, they are deemed “used” after purchase or download. This means we have a strict refund policy. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTH, PARTIAL QUARTER OR PARTIAL YEAR MEMBERSHIP PERIODS OR UNWATCHED CONTENT or SUBSCRIPTIONS THAT ARE NOT CANCELED WITHIN THE RENEWAL OR TRIAL PERIOD.If you are not satisfied with the product, you may cancel your subscription at any time and will continue to have access to the V-Hive Membership through the end of your billing period. If a purchase is made in error, please contact hello@thevagwhisperer.com to discuss a resolution. If a refund is deemed appropriate within 14 days of purchase, a 20 percent administrative and payment processing fee will incur.
BILLING CYCLE
The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month or each year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your V-Hive membership or became a paying member on January 31st, your next payment date is likely to be February 28th if paying monthly, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
CANCELLATION POLICY
All of our memberships are auto-renewal and must be canceled by each member 48-hours prior to each billing cycle to avoid recurring charges (This is a business standard similar to Netflix, Amazon Prime, Apple & Google subscriptions).
You may cancel your V-Hive membership at any time, and you will continue to have access to the V-Hive service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH, PARTIAL-QUARTER, OR PARTIAL-ANNUAL MEMBERSHIP PERIODS OR UNWATCHED CONTENT or SUBSCRIPTIONS THAT ARE NOT CANCELED WITHIN THE RENEWAL OR TRIAL PERIOD.
To cancel or adjust your membership, follow these steps outlined here: https://thevagwhisperer.com/cancel-help/. If you cancel your membership, your account will automatically CANCEL at the end of your current billing period.
ADDITIONAL INFORMATION
The Vagina Whisperer, LLC reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
We can be reached at hello@thevagwhisperer.com for any questions. Thank you for being a member of V-Hive!
Privacy Policy
This website (“Site”) is owned by The Vagina Whisperer, LLC, (“Company”, “we”, “us”, “our”).
This Privacy Policy describes how we collect, use, process and distribute your information, including “Personal Information” (defined below), used to access this Site. Some of the content and/or services on our Site are hosted by a third-party (affiliated) platform, WordPress and Memberpress. Therefore, please also review the WordPress and Memberpress website Privacy Policies, which also govern the pages of this Site that are connected to that platform. Some online purchases and services may have additional terms of use relating to that transaction.
This Privacy Policy requires the use of arbitration on an individual basis to resolve disputes instead of a jury trial, which limits the remedies available to you in the event of a dispute. By using our Site, you understand that you are waiving certain legal rights and are voluntarily agreeing to do so.
Please read this Privacy Policy and any other Privacy Policies referenced herein carefully. Use of any personal information or contribution you provide to us which is collected by us on or through our Site is governed by this Privacy Policy. By using our Site, you consent to the terms of this Privacy Policy whether you have read it or not.
Personal Information We Collect
“Personal Information” is information that can be used to identify, locate, or contact an individual, and includes other information that may be associated with personal information. In general, you can visit our site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may seek information from you, such as name, email address, and phone number. It is our intent to let you know before we collect such personal information from you and to obtain your consent where required.
When you interact with our sites and services, depending on the site or service, we may ask for the following personal information directly from you:
- Contact Information allows us to communicate with you, including delivering our e-newsletter to you, and generally includes your name, addresses, email addresses, social media website user account names, and/or telephone numbers.
- Payment Information needed to process payments, such as your credit or debit card number, expiration date, and card verification number when you purchase products and/or services from us.
- Transaction Information about how you interact with and use our sites and services, email, other communications, and applications, and how you interact with merchants, business affiliates, and service providers.
- Geographic Location Information but only if your mobile or other device transmits location data and/or your IP address, and you have activated a location-enabled site or service.
- Survey Data for functionality of certain services, which generally includes survey data (questions and responses).
Your Submissions help us with administration of our sites and services and includes any information you voluntarily provide, generally through free form text boxes, forums, uploading a document or authorizing us to retrieve and import information from another user or third party on your behalf. In each of the above instances, you will know what personal information we collect through our sites and services because you voluntarily and directly provide it. You may opt-out or request for us to delete your Personal Information by contacting us at hello@thevagwhisperer.com
Other Anonymous Information We Automatically Collect
We may also collect certain technical information when you use our Site. For example, our servers receive and automatically collect information about your computer and browser, including, for instance, your IP address, browser type, domain name from which you accessed the Site and other software or hardware information. If you access our Site from a mobile or other device, we may collect a unique device identifier assigned to that device (UDID), type of device, general GPS location, or other transactional information for that device in order to serve content to it.
In addition, we may collect information about how you use our Site, such as the date and time you visit the site, the areas or pages of the site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site, visits to sites outside our network, and other click-stream data.
Cookies
We use cookies and other tracking technologies, which may include but not be limited to browser cookies, pixels, beacons, mobile application identifiers, and Adobe Flash technology) to customize content delivered to you, improve your experience, increase security, provide social media features, and analyze traffic to the site. Cookies also help us know how our site or marketing efforts are working, but these cookies generally do not collect any personal information about you. We may share information about your use of our site with our trusted social media, advertising and analytics partners. Most browsers are initially set up to accept cookies. By visiting our Site, you consent to the placement of cookies and beacons in your browser and HTML-based emails in accordance with this privacy policy. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.
How We Use Personal Information
The information gathered from your use of our Site or provided by you voluntarily may be used to:
- Provide you with information about products, services, news and events.
- Allow you to use, purchase, and/or download products and services.
- Analyze use of our services and products, develop new services and products and customize our products, services, and other information we make available.
- Send you important notices, such as communications about changes to your account, and our sites and services terms, conditions, or policies.
- Solicit input and feedback to improve our sites and services and customize your user experience.
- Contact you via email, telephone, text or chat in a manner allowed by law.
- Meet our contractual obligations to you.
- Send you reminders, technical notices, updates, security alerts, support and administrative messages, and service bulletins.
- Inform you about new products or promotional offers, or other opportunities which we feel will be of interest to you, and to provide advertisements to you through our site, email messages, text messages, applications, or other methods of communication.
- Administer surveys, giveaways, contests, or similar promotions or events sponsored by us or our affiliates.
- Prevent fraud or potentially illegal activities, enforce our sites’ terms of use, or to comply with applicable law.
- Help you schedule an appointment with us and remind you of upcoming or follow-up appointments.
- To use anonymized personal information to run (or authorize third parties to run) statistical research on individual or aggregate trends.
- To run social media advertisements.
In addition to the uses described above, we may use personal information that we collect for other purposes that are disclosed to you at the time we collect the information or with your consent.
Sharing Personal Information
We may share personal information about you with those third parties in the following circumstances:
- When we engage third parties (also referred to as “affiliates”) to perform services on our behalf, including maintenance services, hosting, data storage, scheduling, security, analytics and data analysis, payment processing, email and text message distribution, customer service, providing certain interactive tools, and conducting surveys.
- To satisfy any applicable laws or regulations.
- To defend ourselves in litigation or a regulatory action.
- To protect the rights or property of Company and our affiliates including to enforce our Site’s Terms of Use.
- When we have a good faith belief that we are required to disclose the information in response to legal process (for example, a subpoena, court order, or search warrant).
- Where we believe our sites and services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and risk management.
- When we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally.
- We may share personal information about you for any other purpose(s) disclosed to you at the time we collect your information or with your consent.
- In addition, information about our users, including personal information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of our business assets.
Data Retention
We will retain the Personal Information you enter through our Site for the amount of time necessary to provide you with the information and/or services you request from us or to meet the purposes for collecting the information as described above.
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites. Our Site may link to other sites or services operated by our affiliates or third parties, such as our payment processing and education platform vendor, if any. We may also link to sites that may carry advertisements or offer products, services, newsletters or other content developed and maintained by third parties. We do not exercise control over third party sites or services. We are not responsible for the privacy practices of any such third parties. Once you leave our Site via a link, enable a third-party service, or click an advertisement, you should check the applicable privacy policy of the third-party’s site or service. The fact that we link to a site or present a banner ad or other type of advertisement is not an endorsement of the site, its products and services or their privacy or information security policies or practices. The Company is not responsible for the content or practices of third-party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
Social Media. We may also provide social media features on our Site that enable you to share personal information with your social network(s) and to interact with our Site. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
Bulletin Boards and Chat Areas. We may provide a platform through which Users may communicate with each other, such as a Chat area or a Bulletin Board. Users are solely responsible for the content of the messages they post on such forums. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Security/How Your Personally Identifiable Information Is Protected
Security for all personally identifiable information is extremely important to us. We take reasonable steps to protect the Personal Information you provide to us from misuse, disclosure and unauthorized access. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk. Should we be made aware of a data breach, we will inform you in accordance with applicable laws.
Your Access To and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, Users may contact Company to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify Company and the information will be corrected. To review the personally identifiable information that company has collected about you, please send an email to hello@thevagwhisperer.com with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at hello@thevagwhisperer.com with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, please email us at hello@thevagwhisperer.com with the words “Delete My Information” in the subject line.
You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal information may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way or have other questions about how the Company may use your personal data, please contact us at hello@thevagwhisperer.com with the words “Privacy Request” in the subject line.
Your California Privacy Rights: California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want information confirming how Company does shares your personally identifiable information with third parties for their direct marketing purposes, you may contact us at hello@thevagwhisperer.com with the words “California Privacy” in the subject line of your email.
Unsubscribe/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at hello@thevagwhisperer.com including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us.
Opting Out of Transactional or Relationship Communications. Communications that are sent by us, such as appointment requests, reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates and are often transactional or relationship messages. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them. Please contact us at hello@thevagwhisperer.com if you wish to modify the delivery of any of these transactional/relationship messages.
Do Not Track
We do not currently actively respond to “Do Not Track” browser signals or mechanisms that indicate a request to disable online tracking of individual users who use our sites and services.
Transfer of Information Across National Borders: Our Site and various information we collect are operated on servers located in and outside of the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard as if it was being housed in the United States.
Data Controller and Processors
We are the data controllers for the Personal Data we collect. We use reasonable efforts to make sure our data processors are GDPR-compliant. We may use trusted third parties as our processors for payments, email marketing, and delivery of some of our products and services. Please note that third-parties who provide and/or publish content on our Site shall be deemed the data controllers for any personal data contained in the content uploaded to that third-party’s website and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third-Party Content.
Anti-Spam Policy
We have a no spam policy and make every effort to comply with the CAN-SPAM Act of 2003. If you wish to opt-out of receiving any communications from us, please see the “Unsubscribe” section of your email campaigns and see the Unsubscribe/Opt-out section above.
Children’s Online Privacy Protection Act Compliance
Our Site is intended for people age 18 and older. Any use of our Site by anyone under the age of 18 must be supervised by a parent or guardian. By using our Site, you attest that you are 18 or older or have permission of your parent or guardian to use this Site. If the Company discovers that a child under age 18 has signed up on the Site or provided us with personally identifiable information without their parent’s/guardian’s permission, we will delete that child’s identifiable information from our records, subject to any applicable laws requiring us to retain the data.
Dispute Resolution and Arbitration
If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules. Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of our Site, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever. You also agree that arbitration shall be held in Orleans Parish, LA.
No Class Or Representative Proceedings: Class Action Waiver
YOU AGREE THAT CLAIMS AGAINST US MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Governing Law
This Privacy Policy, Company’s Terms and Conditions and any additional agreements applicable to certain services and/or products shall be construed according to the laws of Louisiana and Arizona.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please email us at: hello@thevagwhisperer.com.
Via regular mail to:
The Vagina Whisperer
118 Harrison Ave Suite 301
New Orleans, LA 70124
If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at the same email and address as above.
Changes to This Policy
This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.
Last Updated: 01/04/2024
