Terms of Service & Use

BY VISITING humaningbydesign.com or elizabethsmithco.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

OVERVIEW

By using humaningbydesign.com or elizabethsmithco.com, referred to as the “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service.  The terms “we,” “us,” and “our,” refer to Elizabeth Smith (“Company”), owner of humaningbydesign.com and elizabethsmithco.com. 

Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications. 

Please note that if you choose to use the bodygraph tool embedded on the site we do not store or keep records of your personal information with respect to getting your human design chart. 

If you do opt-in to the newsletter we will store the email address associated with the graph you created. 

SITE USE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company 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 Site, violate any laws in your jurisdiction. You may use the Site and Service for lawful purposes only.

PURCHASE & REFUND POLICY

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company.  No refunds will be given for any products (digital and otherwise), coaching, group programs or services due to the nature of our customized work with clients.

By clicking “Buy Now” or “Purchase” or any other phrase on the purchase button on a program with a monthly payment plan or financing option, you agree and are contractually obligated to complete the payment program in full. You agree by making the first payment on a monthly payment program which you are financing through Elizabeth Smith, that you are contractually obligated to complete the monthly payments in full.

Elizabeth Smith offers a 3 day grace period for missed payments. After 14 days, access will be revoked. After 30 days, the outstanding balance will become due effective immediately and access will not be reinstated until payment is made in full. Elizabeth Smith reserves the right to send any outstanding balances to Collections. The client is responsible for all legal fees incurred due to breach of contract and the failure to meet the monthly payment obligations.

INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Elizabeth Smith, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company / humaningbydesign.com and any other website associated with Elizabeth Smith logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. 

You receive one Personal Use License unless otherwise noted. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative form, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.

Intellectual Property: No Unlawful or Prohibited Use Allowed

By purchasing this service (the “Service”), you are granted a non-exclusive, non-transferable, revocable license to access and use the contents of the course strictly in accordance with the terms of use of humaningbydesign.com (the “Site”). As a condition of your purchase, you warrant to Elizabeth Smith that you will not use the contents of the course, for any purpose that is unlawful or prohibited by these Terms. 

You may not use the Site or course content and materials in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, PDFs, logos, images, worksheets, PowerPoints, systems, frameworks and templates, as well as the compilation thereof, is the property of Elizabeth Smith and protected by copyright and other laws that protect intellectual property rights. You agree to observe and abide by all copyright, trademark and other proprietary laws.

You will not modify, upload for public or private viewing, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Elizabeth Smith services, courses and content are not for resale. Your purchase of this service and use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Elizabeth Smith. You agree that you do not acquire any ownership rights in any protected content. Elizabeth Smith does not grant you any licenses, express or implied, to the intellectual property of Elizabeth Smith.  

By purchasing this Course, you expressly agree to these terms. You agree that if you breach these terms, you acknowledge that you are responsible to compensate Elizabeth Smith an amount equal five times the service retail value.

PRIVACY

Your use of the Site is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided electronically to you by Company, via email and on the Site, satisfy any legal requirement that such communications be in writing.

LINKS TO THIRD PARTY SITES

The Site may link to other websites (“Linked Sites”). These Linked Sites are not under the control of Company. Company is not responsible for the contents of any Linked Sites. Company provides these links as a convenience to you. The links do not constitute endorsement by Company of the site or any association with its operators.

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, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, 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.

CHARGEBACK

In the unlikely event of a chargeback, all products or services will be forfeited. You will be banned from purchasing future products and services and immediately removed from any program access.

RELEASE OF CLAIMS

In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

Waiver of Liability 

Any and all services, courses, books, and programs created by Elizabeth Smith are for coaching and educational purposes. It is not a therapeutic treatment program, or a substitute for therapy. The programs do not provide therapy to students regarding their individual mental health concerns or trauma. We are also unable to make direct referrals due to liability. If you are looking for individual psychotherapy, a common directory of therapists is located here: Psychology Today.

Please engage with resources outside of the program if you are seeking individual supervision or psychotherapy.

Neither Elizabeth Smith or its representatives shall be liable or responsible for any loss or damage allegedly arising from any information or suggestions in the program. 

Neither Elizabeth Smith or its representatives is engaged in rendering professional advice or services to the individual student. The ideas, thoughts and suggestions contained in this service are not intended for professional advice or consulting.

You fully and voluntarily consent to your participation in this program. You are aware of the risks of entering into deconditioning work which may include but is not limited to, re-traumatization, triggers, PTSD, etc. You take full responsibility for your participation in this program or service. 

You release Elizabeth Smith and its representatives from any and all liability, legal action and responsibility. By consuming the content inside of this learning platform you agree to not hold accountable or to take legal action against Elizabeth Smith. 

You acknowledge the risk involved and take full and complete responsibility for yourself and your actions inside this program or service. 

ONLINE COMMERCE

Certain sections of the Site may allow you to make purchases from us or from other merchants. If you make a purchase from us, including on or through the Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, our payment processing company, and other companies and intermediaries involved in processing payments.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through the Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

You agree that we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Site or with the Company, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase with the Company that may be through this Site.

DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to Denver, CO or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

LIABILITY DISCLAIMER

The information and content on this Site may include inaccuracies or typographical errors. Company may make periodical changes at any time. Company makes no representations about the suitability, reliability, timeliness, or accuracy or the information on the Site. To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages, without limitation. 

INTERNATIONAL USERS

Company is owned and operated in the United States. If you access the Site or services provided by Company outside of the United States of America, you are responsible for compliance with your local laws. 

ACCESS RESTRICTION

Company reserves the right, in its sole discretion, to terminate your access to the Site at any time without notice.

GOVERNING LAW

These terms are governed by the laws of Colorado without regard to its conflict of law rules, and the laws of the United States of America.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and Company with respect to the Site and supersedes all prior or contemporaneous communications between you and Company.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable, the rest of this agreement shall still be enforceable and the portion deemed invalid will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

ENTIRE AGREEMENT; WAIVER; HEADINGS

This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company 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 Company. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

CHANGE TO TERMS

Company reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed on updates.

CONTACT US

Company encourages you to contact us at support [@] elizabethsmithco [.] com with any questions or comments regarding these Terms.

Last Updated: September 16, 2025