Fuzzy and Birch LLC 
(DBA "Shop in a Box")

Terms and Conditions

Terms of Service

The following are HIGHLIGHTS from all the legal chatter on this page. This section is meant to help you understand all our legal agreements so we can be as transparent with you as possible.

Because terms and conditions, client agreements, and privacy policies tend to be a bit long (TL;DR), this section is meant to be a SIMPLE GUIDE that walks you through the basics.

If you are looking for the terms and conditions for our PAID programs (included but not limited to: "Shop in a Box", "Unfocusedpreneur", “Jennico”, “1%ers”, the “Birch, Please!” Portal, “Subscriber Tribe”, “Power Seller” and “Tribehire.io”) please click here.

For the FULL legal explanation, you’ll need to refer to the stuff below ⇣ — but if you just want the gist, here it is:

How the "Our Method Works or You Don't Pay" Guarantee Works...

This is a conditional guarantee: If you complete all our course material, listen to and implement our advice, and you make $0 during the time you work with us, we will refund you IN FULL.

This guarantee ONLY applies to "Shop in a Box" clients who pay the full purchase price. You void this guarantee if you miss a payment or do not pay in full. If you are not a paying Shop in a Box client, this guarantee does not apply to you.


All our Unfocusedpreneur coaching is non-refundable.

I SO get that coaching is a big commitment and you want reassurance that everything is gonna be ok. But I wanna be clear: I’m not selling you a TOASTER here. I’m trading with you, pure and simple. Your investment gets ALL my hard-earned experience, knowledge, and regular sessions with my shop coaches.

If you’re the type of person who NEEDS a guarantee, and you're already thinking about refunds, then I’m gonna be real with you: 
You are NOT ready for coaching right now

This is a LIFESTYLE change...A mindset RESET, if you will. You’ll be different forever if you actually USE this program. It only works if you go all-in and show up. 


If you’re trying to figure out how to get a month of help then move on, you need to do just that: 
MOVE your butt along, because our coaching isn’t for you. If you show up and HELP YOURSELF, then there’s no guarantee needed! #realtalk #ImNotAToaster


What you CANNOT do in any of our programs ⬇️ (these offenses get you BOOTED with no refund)

All of the below actions will get you booted out of the text group PERMANENTLY with no refund:


If you try to sell your products or services to the group, that’s SPAMMY AF and it’s not what we’re here for. You’ll be booted immediately with no refund.


If you try to sell your own blog, program, etc to the group, same as above.

Do not share your social media network and ask for “follows”. If you share your social network and people follow you because they WANT to, that’s fine. But you are NEVER allowed to ask for follows, subscribes, purchases, etc.

If you use anything we deem to be hate speech, you will be removed permanently without refund. (No discrimination of any kind on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin is tolerated).

We don’t talk politics and we don’t fight over them either. 


If you ask too many GOOGLE-ABLE questions (like “how do I add a listing to Etsy?”) – we will tell you to google it like a real friggin’ adult. We reserve the right to remove you without refund if you ask LOTS of questions like this (10 or more). We run only HIGH-QUALITY groups for business owners who want to learn…not your own personal Google.


What happens if I want to re-use content created by Fuzzy and Birch LLC (DBA "Shop in a Box")?

Please note, any “recycling” or re-use of my content and strategies in any public format (aka Focus map templates, blog articles, video, podcast, course, in-person workshop, anything) is a violation of copyright law and if you choose to do this, it gives my legal team the right to sue you for copyright violation.

Copyright applies to this blog and all connected properties that belong to Fuzzy and Birch LLC. That means Shop in a Box, Unfocusedpreneur, Paid Communities, any Podcasts, YouTube channel, Subscriber Tribe, Paid Programs, Jennico, and other sites I own that may not be mentioned here.

Most copyright claims START at $150,000 and only go up from there.

In plain English: Don’t use anything I say or do as your own, for any reason. It will cost you a lot of money if you do!

By visiting this site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including the copyright policy above.

So just by visiting this site, you are bound to our terms and conditions. Since you’re already here, looking at this, that means you have no right to reproduce any of the intellectual property owned by us for any reason.

Capish?


What if I'm really angry about something and I want to yell at someone?

You are within your rights to express dissatisfaction with products and services if you have paid Fuzzy and Birch, LLC for a product or service.

Opinions expressed to us by people who did not purchase from this website will not be prioritized, and are unlikely to get any response at all. We are never legally bound to respond to inquiries by non-paying or paying customers.

If you want to contact us because you are dissatisfied, you must do so in a polite, non-abusive manner. If you are verbally abusive, call my staff names, or otherwise violate the safe working environment which they are entitled to by law, then we will exercise our right to take legal action.

You are fully responsible for notifying us (at support@fuzzyandbirch.com) if you are not happy with the services we provide.

We are not responsible for refunds, damages, or legal fees if you have never notified us in writing of the problem.

Online bullying and abuse is becoming more frequent.

In order to combat this and protect myself and my staff, I have implemented an abuse policy which is in effect for:

  • Everyone who uses this website
  • Everyone who uses live chat on this website
  • Everyone who subscribes to or reads my emails
  • Everyone who interacts with me on social media (followers or not)
  • Anyone who communicates with me about the blog for any reason

This policy applies if you reach out to me and engage in ANY form of harassment, whether by language, bigotry, sexism, bullying, or excessive frequency.

If this occurs, your information (as defined in the privacy policy) will be submitted to anti-bullying and online protection agencies at MY DISCRETION. Your information and all communication be submitted to my legal team as evidence.

This policy is designed to protect me from bullying, and it means Fuzzy and Birch LLC and it’s employees and contractors do not have to interact with abusive individuals for any reason.


What if I buy a product?

When you purchase anything from us, you will continue to be protected by our privacy policy.

When you purchase from us, you will have to check a box agreeing to the Terms and Conditions of Paid Programs.

These terms are available here for your viewing.

Our products are designed to help you progress in the direction of YOUR choosing with your online presence.

It is up to you to choose the direction you’d like to go, and take action to create the change you would like to create.

We are not responsible for changes of any type (good or bad) when you use our products (Free or paid).

By using this website, you agree that you are 100% accountable for your own progress or lack thereof.

We are not pushing buttons or creating things for you. That’s your job. We’re simply offering guidance. It is your choice whether you follow that guidance, and we do not guarantee that it will create your desired result, or any result.

Basically, you are a human who is responsible for yourself. That doesn’t change just because you purchase a product or use this website.

If we have a dispute for some reason, you must begin by clearly expressing the problem to us at support@fuzzyandbirch.com.

If the dispute cannot be resolved and legal action is taken, by clicking the “agree to terms and conditions” box during checkout requires that the maximum amount you can request for financial compensation is that which you’ve paid to Fuzzy and Birch, LLC. during the duration of the time you used the product in question.

In plain English: if you’ve paid us $350 in member dues (as an example), the maximum amount you can sue us for is $350.


What if I want all communication from Shop in a Box to stop?

At any time, you can unsubscribe from our emails, simply by clicking the “unsubscribe” button at the bottom of any email.

Clicking “unsubscribe” does not remove you from the podcast, or end your membership in any of our paid communities.

You are responsible for unsubscribing from each product (free or paid) on a case-by-case basis. You can also email support@fuzzyandbirch.com and request to be removed from all communications at any time. It can take 30 business days or more before you are fully removed, and by emailing us to request removal, you agree and understand that removing your information can take 30 business days or more. This is not our policy, but that of the third-party tools we’re using.

Ending your paid membership early may incur a cancellation fee, per our product terms and conditions.

Please note that many of our systems are managed by third parties and you are subject to their privacy policy and terms of service, which is completely separate from and unrelated to Fuzzy and Birch LLC.

What do I need to know about the accuracy of stuff on this site?

Basically, we’re human. You may come across spelling errors, omissions, or erroneous information:

We reserve the right to correct these errors but are under no obligation to do so.

We do not guarantee that your use of our service will be uninterrupted, timely, secure, error-free, accurate or reliable.

From time to time we may remove the service for indefinite periods or cancel our services at any time, without notice to you.

Basically, by being here, you agree that use of this website or our service is at your sole risk.

OVERVIEW

This website is operated by Fuzzy and Birch LLC, doing business as "Shop in a Box". Throughout the site, the terms “we”, “us” and “our” refer to Fuzzy and Birch (DBA "Shop in a Box") . Fuzzy and Birch offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Content provided for free or at cost on the website or blog belongs exclusively to Fuzzy and Birch. By agreeing to our terms you agree to never resell, post, share, or use this content as your own. By agreeing to this document, you agree that all content provided on the site, within Fuzzy and Birch courses, or on Etsy Academy, belongs exclusively to Fuzzy and Birch and cannot be re-used by you in any way other than for your personal education.

All course content belongs exclusively to Fuzzy and Birch and cannot be transmitted, resold, or shared with anyone other than the party who initiated purchase. Any attempts to do this will result in account removal and further legal action taken by us. We reserve the right to reclaim all intellectual property belonging to Fuzzy and Birch at any time, without warning.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Terms and Conditions for Paid Programs.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fuzzy and Birch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fuzzy and Birch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Fayette County, Lexington, Kentucky USA.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – MEMBERSHIP AND PAID PROGRAMS

Please see the Terms and Conditions of Use for Paid Programs.

We reserve the right, at our sole discretion, to update, change or replace any part of our Membership Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our Membership and Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@fuzzyandbirch.com.

SECTION 22 – ABUSE AND HATE SPEECH

We need to curb abuses that threaten our ability to provide our services, and we ask that everyone abide by the policies herein to help us achieve this goal. After we are notified of a potential policy violation, we may review the content and take action, including restricting access to the content, removing the content, and limiting or terminating a user’s access to any and all of our products. If this policy is violated no refunds will be given for any reason.

Do not harass, bully, or threaten others. We also don’t allow our products or services to be used to engage or incite others in these activities. This includes singling someone out for malicious abuse, threatening someone with serious harm, sexualizing someone in an unwanted way, exposing private information of someone else that could be used to carry out threats, disparaging or belittling targets of violence or tragedy, inciting others to carry out these activities, or harassing someone in other ways, including message spamming any user, Fuzzy and Birch staff member on any account.

Keep in mind that online harassment is illegal and can have serious offline consequences for both the harasser and the target. We may take appropriate action if we are notified of threats of harm or other dangerous situations, which may include reporting you to the relevant authorities, removing access to some of our products, or disabling your Fuzzy and Birch Accounts.

QUICKLINKS:

Privacy Policy

Website Privacy Policy

Your privacy is important to Fuzzy and Birch. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

WHO WE ARE

Fuzzy and Birch, LLC (doing business as Fuzzy and Birch or “Jenni Waldrop”) collects, uses and is responsible for certain personal information about you.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

This website and any products and services offered herein are not intended for persons under the age of 13. Fuzzy and Birch does not knowingly collect information from anyone under 13 years of age. Fuzzy and Birch prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Fuzzy and Birch will not knowingly collect personally identifiable information from children under 13. If Fuzzy and Birch learns it has any information or content from anyone under the age of 13, it will delete that information.

THE PERSONAL INFORMATION WE COLLECT AND USE

INFORMATION COLLECTED BY US

Fuzzy and Birch may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Fuzzy and Birch via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, Etsy shop URL, and/or billing information. You are not required to provide any personally identifiable information to merely access or visit this website.

Fuzzy and Birch may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience.

We will ask for your consent to allow us to use cookies. Fuzzy and Birch or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Fuzzy and Birch’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that personal information for the purposes of those laws.

INFORMATION COLLECTED FROM OTHER SOURCES

We also obtain email addresses, Etsy URLs, and personal information related to services we provide you (by request). Sources that collect this data include Typeform, Formidable, Stripe, Paypal, Active Campaign, YouTube, MemberVault, and Digital Product Delivery.

HOW WE USE YOUR PERSONAL INFORMATION

Fuzzy and Birch collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

WHO WE SHARE YOUR PERSONAL INFORMATION WITH

Fuzzy and Birch respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, share your name and delivery address details with our third-party suppliers, credit card processors or shipping companies. Here is a full list of our third party suppliers: Paypal, Stripe, Active Campaign, Member Vault, SamCart, Restrict Content Pro, Typeform, Whereby, Zoom, Mighty Networks and individual contractors that require your personal information to troubleshoot a problem as requested by you (e.g. member account not working properly). This data sharing enables them to deliver the goods you ordered directly to you, either digitally or physically. Those third-party recipients are not based outside the European Economic Area— for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.

Fuzzy and Birch may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Fuzzy and Birch your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Fuzzy and Birch may collect personal identification information from you in connection with optional contests, special offers or promotions. Fuzzy and Birch will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.

WHETHER INFORMATION HAS TO BE PROVIDED BY YOU AND WHY

The provision of personal data (e.g., name, email address, etc.) is required from you to enable us to provide free courses, provide email updates or any form of email interaction, provide products you paid for in a timely manner, and allowing us to communicate with you in a timely manner. We will inform you when we collect it whether you are required to provide the information to us.

HOW LONG YOUR PERSONAL INFORMATION WILL BE KEPT

We will hold personal data (e.g., name, email address, and contact details) for up to 6 years.

REASONS WE CAN COLLECT AND USE YOUR PERSONAL INFORMATION

Fuzzy and Birch collects and uses your personal information fto further the following legitimate interests] : send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

USE AND TRANSFER OF YOUR INFORMATION OUT OF THE EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States (add other countries if applicable). If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that the United States provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the General Data Protection Regulations that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.

If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

YOUR RIGHTS

If you want to unsubscribe from receiving e-mails from Fuzzy and Birch, you may do so at any time. Each e-mail from Fuzzy and Birch includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your use personal information
  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • Require us to correct any mistakes in your information which we hold
  • Require the erasure of personal information concerning you in certain situations
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • Object at any time to processing of personal information concerning you for direct marketing
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • Object in certain other situations to our continued processing of your personal information
  • Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .

If you would like to exercise any of those rights, please:

  • Email, or write to us
  • Provide us enough information to identify you (e.g., email address, name, user name, registration details)
  • Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)
  • Provide us with the information to which your request relates (including which website or program your request pertains to)

KEEPING YOUR PERSONAL INFORMATION SECURE

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the website, including the Fuzzy and Birch membership site and social media pages, become public and third parties may use your information. Fuzzy and Birch is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

LINKS TO OTHER SITES

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Fuzzy and Birch is not responsible for or liable for any content on or actions taken by such third-party websites.

HOW TO COMPLAIN

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

CHANGES TO THIS PRIVACY NOTICE

This policy is effective as of May 15th, 2018. We may change, modify or update this Privacy Policy at any time and will notify you of any such changes by email or postal mail.

HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact our support team at support@fuzzyandbirch.com. There is no physical address for this officer.

DO YOU NEED EXTRA HELP?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (support@fuzzyandbirch.com).


Legal & Licensing

A Note From Me to You on Legal & Transparency

COPYRIGHT AND TRADEMARK CLAIMS

A big part of my business is being completely transparent with you. I love to share my strategies, tricks, and set up with other sellers. And more than anything, I love to watch you SUCCEED.

Since I basically give away the goods at no (or low) cost, I am happy for you to apply my strategies in your own business.

Fuzzy and Birch LLC does not license any of its products, services, or intellectual property to anyone for any reason.

Therefore, if you re-use any content, videos, templates, graphic designs, articles, or marketing concepts found on this or our affiliated websites, you are breaking the law.

Please note, any “recycling” or re-use of my content and strategies in any published format (aka blog, video, podcast, course, anything) is a violation of copyright law and if you choose to do this, it gives my legal team the right to sue you for copyright violation.

Most copyright claims START at $150,000 and only go up from there.

In plain English: don’t use anything I say or do as your own, for any reason.

All content on this Blog, including paid and free courses, YouTube, To Etsy and Beyond Podcast, or in The Subscriber Tribe is fully copyrighted and trademarked as the intellectual property of Fuzzy and Birch (TM), LLC. This refers to all content, including, but not limited to:

  • Text
  • Videos
  • Audio
  • Product Designs
  • Original Graphic Designs created by me
  • Focus Map Templates
  • Marketing Concepts created by me

All content named above is the intellectual property of Fuzzy and Birch. Everything you see on the Unfocusedpreneur Community, on Shop in a Box, on our Websites, YouTube, Social Media Networks, Podcast, Paid and Free Courses, (and on any of our affiliate websites: Fuzzy and Birch, Birch Please, and Jennico) is fully registered, copyrighted, and trademarked.

By visiting this website, you agree that all content is the intellectual property of Fuzzy and Birch.

By visiting or using this website in any way, you agree that all content belongs to me and cannot be reproduced by you or any of your associates in any format for any reason.

In plain English: if you steal my content in any way, you are giving my legal team the right to sue you for copyright violation.

We regularly search for copies of all my content. You will be caught, and we will take immediate action. We will not be nice about it.

I’ve put in thousands of hours to share my content so you can use it to succeed. And if you decide to use it for your own gain, I won’t hesitate to sue.

So, thank you for understanding, and being considerate! Sorry for the brief unpleasantness, but I have to protect myself so I can keep bringing you awesome content

Want the boring, legal version of all that ^^? Click here to read the full Terms and Conditions.

I protect your data at all costs. Your information will never be sold or given away for any purpose. Please feel free to see how you are protected in the Privacy Policy.



Abuse Policy

Online bullying and abuse is becoming more frequent, especially when directed at women.

In order to combat this and protect myself, I have implemented an abuse policy which is in effect for:

  • Everyone who uses this website
  • Everyone who uses live chat on this website
  • Everyone who subscribes to or reads my emails
  • Everyone who interacts with me on social media (followers or not)
  • Everyone who interacts on the Shop in a Box community
  • Anyone who communicates with me about the Shop in a Box, Unfocusedpreneur, Fuzzy and Birch, or Birch Please website for any reason

This policy applies if you reach out to me and engage in ANY form of harassment, whether by language, bigotry, sexism, bullying, or excessive frequency.

If this occurs, your information (as defined in the privacy policy) will be submitted to anti-bullying and online protection agencies at MY DISCRETION. Your information and all communication be submitted to my legal team as evidence. (aka if you want to be cruel to me, I will PROTECT myself).

This policy is designed to protect me from bullying, and it means Fuzzy and Birch LLC and it’s employees and contractors do not have to interact with abusive individuals for any reason. Fuzzy and Birch LLC will block anyone who is abusive on email, social media, and any other platform of our choosing.

Once again, Fuzzy and Birch LLC and its employees and contractors do not have to interact with abusive individuals for any reason.

That means you will not be hearing from me because all your current and future messages will be going straight to my lawyer.

We take bullying very seriously here, and even a minor infraction is considered a serious offense. When you get away with little things that are cruel, it often leads to bigger things.

Terms of Service for Paid Offerings

FUZZY AND BIRCH LLC, DBA "Shop in a Box"

Programs include but are not limited to - Shop in a Box, Power Seller, Focus Hive, Unfocusedpreneur Community, Focus Map, Focus Coaching Sessions, 1%ERS, Subscriber Tribe Membership, Birch Please membership, CLEAR Evaluation and Action Plan, and one-off coaching.

Terms and Conditions of Use 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Fuzzy and Birch LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums, websites, or pieces of software operated by Fuzzy and Birch LLC (for any purpose), whether on a website hosted by Fuzzy and Birch LLC or a third-party website such as an online course platform or facebook.com (collectively “the Program”).

IF YOU DO NOT AGREE WITH THESE TOU, YOU MAY NOT USE THE PROGRAM.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Fuzzy and Birch LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Jennifer Waldrop, Chris Lancaster, Richard Howe, Jason Dortch and Scott Waldrop.

1. PARTICIPANTS

This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

2. PAYMENT AND REFUNDS

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Fuzzy and Birch LLC, without any additional authorization, for which you will receive an electronic receipt.  You also agree that Fuzzy and Birch LLC is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, you will have a five (5) day grace period to make the payment, otherwise the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and permanently.

If you fail to make payment in a timely manner in accordance with these TOU or voluntarily decide to withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you choose.  Company reserves the right to charge a late fee on all balances more than 30 days overdue. Company reserves the right to charge a cancellation fee on all memberships that are terminated before your three (3) month, six (6) month, or twelve (12) month commitment is completed.You agree to reimburse Fuzzy and Birch LLC for all collection and/or legal fees and expenses necessitated by lateness, early termination, or default in payment.

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

3. INTELLECTUAL PROPERTY RIGHTS

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. The Company’s Limited License to You: 

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.   

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content sending an e-mail to support@fuzzyandbirch.com.

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

4. YOUR CONDUCT IN THE PROGRAM; CONFIDENTIALITY

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

Company is not legally bound to keep your information confidential.

Nevertheless, Company agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others.  You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege

You agree to keep all information you learn about other Program participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You are responsible for your material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company.  The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

You are strictly forbidden from the following:

  • Causing damage to any Company website or third-party forums operated by the Company
  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
  • Sharing private and proprietary information from the Program with anyone else

5. USERNAME AND PASSWORD

To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

6. TERMINATION

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

If you want to terminate your membership, simply reach out to support@fuzzyandbirch.com. You cannot terminate by unsubscribing from emails. You cannot terminate by deleting your mighty networks account. By using the program, you understand that the program may require seven (7) business days for termination to occur.

7. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMERS

a. You represent and warrant to Releasees that you are able to safely participate in the Program and have no medical condition that would make your participation in the Program more hazardous.  You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Program without the approval of a physician.

b. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

c. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

d. Earnings and Results Disclaimer.  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program.  The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

e. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

f. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

g. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

h. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

8. SECURITY 

Security for all personally identifiable information is extremely important to us. 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, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

9. JURISDICTION, VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, without giving effect to its conflict of laws. The nearest state and federal court to Lexington Kentucky shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

10. USERS OUTSIDE UNITED STATES

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. INDEMNIFICATION

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Kentucky, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

The Company may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@fuzzyandbirch.com.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.

 12. ABUSE AND HATE SPEECH

We need to curb abuses that threaten our ability to provide our services, and we ask that everyone abide by the policies above to help us achieve this goal. After we are notified of a potential policy violation, we may review the content and take action, including restricting access to the content, removing the content, and limiting or terminating a user’s access to any and all of our products. If this policy is violated no refunds will be given for any reason.

Do not harass, bully, or threaten others. We also don’t allow our products or services to be used to engage or incite others in these activities. This includes singling someone out for malicious abuse, threatening someone with serious harm, sexualizing someone in an unwanted way, exposing private information of someone else that could be used to carry out threats, disparaging or belittling targets of violence or tragedy, inciting others to carry out these activities, or harassing someone in other ways, including message spamming any user, Fuzzy and Birch staff member, or Jenni herself, on any account.

Keep in mind that online harassment is illegal and can have serious offline consequences for both the harasser and the target. We may take appropriate action if we are notified of threats of harm or other dangerous situations, which may include reporting you to the relevant authorities, removing access to some of our products, or disabling your Fuzzy and Birch Accounts.

Privacy PolicyAbuse PolicyLegal + Licensing

No-Show Policy

Welcome to Fuzzy and Birch LLC (DBA "Shop in a Box"). 

We are glad you have made an appointment. 

Effective January 1, 2022, Shop in a Box will enforce a new Cancellation and No Show Policy. 

In order to provide you with high-quality service, it is important for you to keep your scheduled appointment with our team members. Valuable time has been reserved for you or your business member. 

A missed appointment or late cancellation of an appointment results in lost time that could have been given to another person waiting to receive advice. 

Our office will send you an email reminder one day ahead and remind you of your appointment; however, it is your responsibility to keep a record of your appointment and to arrive on time. 

If you need to cancel or reschedule your appointment please click the link in your calendar invite at least 24 hours before your appointment. 

Clients who cancel appointments with less than 24 hours' notice will be considered a No Show. 

We do not re-book no-shows for any reason. 

Program TermsNo-Show PolicySee How Our System Works

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