Terms & Conditions

Effective Date: April 15, 2019
Last Updated: November 27, 2024

Welcome to The GEMMS with Samantha Kaaua! By using this website www.thegemms.com (hereinafter “Website”) and our services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully.

1. General Information

This website is operated by Be The BEST You LLC under the business name The GEMMS with Samantha Kaaua. Throughout the site, the terms “we,” “us,” and “our” refer to the company and its owner, Samantha Kaaua.

This website provides access to programs, coaching services, and other resources aimed at supporting personal and relational growth. By using this site, you agree to these Terms and Conditions.

Your use of this website constitutes a legally binding agreement between you and The GEMMS with Samantha Kaaua. If you do not agree to these Terms, you may not use the website or its services.

2. Eligibility

You must be at least 18 years old to use this website or access any programs, services, or resources. By using the site or making a purchase, you confirm that you meet this age requirement.

The website and its offerings are intended for personal, non-commercial use. Any unauthorized commercial use, such as reselling or redistributing content, is strictly prohibited.

By accessing this site, you agree:

  • Not to impersonate another individual or provide false information.
  • To comply with all applicable laws and regulations when using the website and its content.

We reserve the right to deny access to the website or services to anyone who violates these Terms or engages in fraudulent, harmful, or unlawful behavior.

3. Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy for information about how we collect, use, and protect your data.

4. Accessibility Statement

The GEMMS with Samantha Kaaua is committed to ensuring that its website and services are accessible to all individuals, including those with disabilities. We strive to provide a user-friendly experience and are continuously improving the accessibility of our content and resources.

Efforts to Improve Accessibility

  • Our website is designed to follow best practices for accessibility, including adherence to Web Content Accessibility Guidelines (WCAG) where possible.
  • We regularly review and update our website to enhance usability for individuals using assistive technologies such as screen readers or keyboard navigation.

Contact for Accessibility Concerns

If you encounter any accessibility issues while using our website or have suggestions for improvement, please contact us at [Insert Contact Information]. We welcome your feedback and will work diligently to address any concerns.

5. Services and Disclaimer

The services provided by The GEMMS with Samantha Kaaua, including but not limited to coaching programs, courses, consultations, and downloadable resources, are designed for informational and educational purposes only. These services aim to support personal growth, relational well-being, and improved communication.

Our coaching incorporates the proprietary Inner Mosaic® Method, a unique framework that helps clients explore and navigate their inner world to better understand triggers, strengthen self-awareness, and improve relationships. While this method is transformative, it requires active participation, self-reflection, and commitment for effective results.

Limitations of Services

Our services are not a substitute for:

  • Professional therapy
  • Medical advice, diagnosis, or treatment
  • Legal or financial guidance

If you have concerns requiring professional expertise in these areas, you are encouraged to seek appropriate licensed professionals. Our services do not include crisis intervention, and we strongly advise contacting emergency services or a crisis hotline in situations requiring immediate attention.

No Guarantees

Results are not guaranteed, as individual progress depends on your commitment, circumstances, and willingness to engage fully with the concepts and practices provided. While we provide tools, guidance, and support, your outcomes are ultimately your responsibility.

Client Acknowledgment

By engaging in our services, you acknowledge and agree that:

  • You are at least 18 years old.
  • You understand the educational nature of our services and their limitations.
  • You are responsible for your decisions, actions, and the outcomes you achieve.

We are committed to maintaining high ethical standards and professionalism in all interactions. By participating in our programs or accessing our content, you accept these terms and the scope of the services provided.

6. Payment and Refund Policy

Payment Terms

  • All fees for programs, coaching services, courses, and other offerings must be paid in full before access or participation begins, unless a payment plan has been explicitly agreed upon.
  • Payment plans, if offered, require timely and complete payments according to the schedule provided at the time of purchase. Failure to meet payment obligations may result in suspension or termination of access to the program or service.
  • Membership fees, if applicable, are charged on a recurring basis (e.g., monthly or annually) and will continue until canceled in accordance with the cancellation policy outlined below.
  • All prices are listed in United States Dollar (USD), and you are responsible for any applicable taxes, currency exchange fees, or transaction fees charged by your payment provider.

Accepted Payment Methods

  • Payments are accepted via cash, credit card, debit card, and ACH deposit through secure third-party processors. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

Refund Policy

  • All Sales Are Final: Fees for programs, services, memberships, and digital products are non-refundable under any circumstances. This policy ensures fairness and clarity for all participants.
  • By completing a purchase, you acknowledge and accept that no refunds or credits will be issued.

Membership Fees and Cancellations

  • Membership fees are billed automatically based on the billing frequency selected at the time of purchase (e.g., monthly or annually).
  • To cancel a membership, you must notify us at least 30 calendar days before the next billing cycle. Cancellation requests can be submitted via email at [email protected] (Please write ATTN: Cancellation Request in the subject line).
  • Cancellations will apply to the following billing cycle. No refunds or prorated credits will be issued for partial months or unused portions of the membership term.
  • If payment for a recurring membership is declined, your access to membership benefits will be suspended until payment is successfully processed.

Client Responsibility

  • You are responsible for ensuring that your payment information is accurate and up-to-date. If a payment method is declined, you remain responsible for any outstanding balances.
  • Failure to meet payment obligations or comply with payment terms may result in immediate termination of access to the program, service, or membership without refund.

Chargebacks and Disputes

  • Initiating a chargeback or payment dispute without first contacting us to resolve the issue will be considered a breach of these Terms. In such cases, we reserve the right to dispute the chargeback and terminate any further engagement.

No Guarantees of Results

  • By purchasing any program, service, or membership, you acknowledge that results depend on your individual effort, participation, and circumstances. No refunds will be issued on the basis of unmet expectations for results.

Acknowledgment

By making a purchase, you acknowledge and agree that:

  • You have reviewed the program, service, or membership details, including payment terms, refund policies, and the scope of services provided.
  • You are at least 18 years old and authorized to use the payment method provided.

We are committed to transparency and fairness in our payment and membership policies. If you have questions or concerns, please contact us at [email protected].

7. Lifetime Access

Certain programs, courses, or certifications offered by The GEMMS with Samantha Kaaua include “lifetime access.” This term is defined as follows:

Definition of Lifetime Access

  • General Programs and Courses: “Lifetime access” refers to access for the duration of the program or course’s availability on our platform. While we strive to provide long-term access, we cannot guarantee indefinite availability due to potential changes in technology, platform providers, or business operations.
  • Inner Mosaic® Coach Certification Program: For participants in the Inner Mosaic® Coach Certification Program, lifetime access includes:
    • Continued access to certification-specific materials.
    • The ability to join future group coaching call sessions specifically for certification participants at no additional cost.
    • Opportunities to refresh and deepen your understanding of the Inner Mosaic® Method through ongoing participation.

Non-Transferable and Individual Use

  • Lifetime access is intended for the sole use of the original purchaser or participant and is non-transferable. Sharing access credentials or allowing others to use your login is strictly prohibited.
  • Misuse or unauthorized sharing may result in the termination of access without refund.

Limitations of Lifetime Access

  • Access may be modified or discontinued under the following circumstances:
    • The program, course, or certification is retired or no longer supported.
    • A client violates these Terms and Conditions, including unauthorized sharing or misuse of materials.
    • Technological or third-party platform changes render the content inaccessible.
    • In the event that a program, course, or certification is retired, reasonable notice will be provided to clients to download or access any remaining materials before termination.
  • Updates to course or program content are provided at the discretion of The GEMMS with Samantha Kaaua and are not guaranteed.

Client Acknowledgment

By purchasing or participating in a program or certification with lifetime access, you acknowledge and agree that:

  • Lifetime access applies only to the duration of the program’s availability as determined by The GEMMS with Samantha Kaaua.
  • For the Inner Mosaic® Coach Certification Program, participation in future group coaching sessions is subject to the program’s continued availability and scheduling.

We are committed to supporting your growth and maintaining access to our programs as long as reasonably possible. If you have any questions about the scope or limitations of lifetime access, please contact us at [email protected].

8. Intellectual Property

All content on this website, including the Inner Mosaic® Method, text, images, graphics, videos, program materials, products, services, and other materials, is the intellectual property of Samantha Kaaua and The GEMMS with Samantha Kaaua, unless otherwise stated, and is protected under U.S. Patent and Trademark laws as well as other applicable copyright and intellectual property laws.

The Inner Mosaic® Method and all associated materials are proprietary information and unique assets belonging exclusively to The GEMMS with Samantha Kaaua. These materials are the result of significant time, energy, effort, and expense, and are provided for your personal use only in connection with the programs and services offered.

Free Downloads and Opt-In Offers

From time to time, we may offer free downloads, printables, audios, videos, quizzes, or other content as gifts or opt-in offers in exchange for your name and email address. By accessing or downloading these materials, you agree to the following terms:

  • Personal Use Only: These materials are provided solely for your personal, non-commercial use.
  • Prohibited Actions: You may not copy, edit, distribute, share, or otherwise reproduce these materials in any way, whether for free or for sale, without express written permission.
  • Opt-In Agreement: By opting in to receive these materials, you agree to provide accurate information and not to misuse or share access to the content with unauthorized individuals.

Prohibited Use

You may not:

  • Reproduce, distribute, copy, modify, publicly display, create derivative works from, or otherwise use any content, methods, or materials provided by The GEMMS with Samantha Kaaua without express written permission.
  • Share, resell, or otherwise distribute program materials, products, or services to others who are not authorized participants.
  • Claim ownership of, or attempt to trademark, any content, materials, or methods provided by the company.

Infringement of Rights

Any unauthorized use, reproduction, or distribution of content, programs, program materials, products, or services constitutes an infringement of our intellectual property rights. This includes but is not limited to:

  • Using any portion of the Inner Mosaic® Method or other proprietary materials in your own programs, services, or business without prior authorization.
  • Presenting, teaching, or otherwise representing The GEMMS with Samantha Kaaua materials as your own.

We reserve the right to take legal action to protect our intellectual property from infringement, misuse, or unauthorized distribution.

By using this website, accessing free materials, or purchasing any programs or services, you agree to abide by these terms and acknowledge the proprietary nature of all materials.

9. Your License to Us

By posting, submitting, or sharing any content on or through our website, including but not limited to comments, photographs, images, videos, audio recordings, and other submissions (collectively, “Submissions”), you grant The GEMMS with Samantha Kaaua and Be The BEST You LLC a broad license to use your Submissions as outlined below:

License Terms

  • By submitting content, you confirm that you are at least 18 years old and have the legal right to share the Submission.
  • You grant us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, adapt, modify, reproduce, distribute, publish, sell, transmit, and publicly display your Submission, in whole or in part, in any format or medium, now known or later developed.
  • This license allows us to use your Submissions for any purpose, including but not limited to inclusion in our programs, products, marketing materials, website, and other services.

Your Rights

  • You retain ownership of your Submissions and may request that we delete specific content by contacting us at [email protected]. We will honor reasonable requests within a commercially reasonable timeframe, except where retention is required by law or necessary for business purposes.

Prohibited Submissions

By submitting content, you agree that:

  • Your Submissions will not include anything defamatory, harmful, obscene, or otherwise offensive.
  • Your Submissions will not infringe on the rights of any third party, including copyright, trademark, privacy, or other intellectual property rights.
  • You will not post or submit any content that violates any applicable laws or regulations.

Acknowledgment

By providing Submissions, you acknowledge and agree that:

  • We are under no obligation to use your Submissions.
  • We may use your Submissions without compensation to you or attribution unless otherwise agreed upon.
  • You are solely responsible for the content you submit and any consequences arising from its use.

10. Client Responsibility

Engagement in coaching programs and services offered by The GEMMS with Samantha Kaaua requires active participation and commitment. To achieve the best possible outcomes, clients are expected to uphold the following responsibilities:

Participation and Effort

  • You are responsible for attending scheduled sessions, completing any assigned exercises or activities, and actively engaging in the coaching process.
  • You acknowledge that the results of coaching depend largely on your personal effort, commitment, and willingness to implement the tools and strategies provided.

Communication

  • You agree to communicate openly and honestly during coaching sessions and any correspondence with The GEMMS with Samantha Kaaua.
  • It is your responsibility to notify us of any issues, concerns, or circumstances that may affect your ability to participate fully in the program.

Boundaries and Expectations

  • Coaching services are not a substitute for therapy, legal advice, or medical treatment. You acknowledge that your progress is your responsibility and that coaching is intended as a supplement to, not a replacement for, professional services where needed.
  • You agree to respect the terms outlined in this document, including payment obligations, intellectual property rights, and confidentiality guidelines.

Client Acknowledgment

By engaging with our services, you acknowledge and accept responsibility for your actions, decisions, and outcomes, and agree to uphold the commitments outlined in this section.

11. Client Support

The GEMMS with Samantha Kaaua is committed to providing high-quality support to clients participating in our programs and services. The level of support available depends on the specific program or package purchased.

Availability

  • Clients enrolled in certain programs may have access to 24/7 text message support for guidance and encouragement. This service is provided as a courtesy and does not include therapeutic or crisis intervention.
  • Response times for support inquiries are typically within 24 hours, excluding weekends and holidays.
  • There may be periods of time when Samantha or other staff members will be on extended vacations and will not be available for this service. Clients will be informed prior to any extended leave or suspension of this service at least 24 hours in advance.

Boundaries of Support

  • Support is intended to supplement coaching sessions and provide clarity, encouragement, or quick guidance for challenges related to the program.
  • Excessive, inappropriate, or unrelated use of support services may result in the limitation or revocation of support privileges.

Client Expectations

  • You agree to use support services responsibly and respect boundaries established by Samantha Kaaua and The GEMMS with Samantha Kaaua.
  • If you experience a crisis or require immediate assistance, you are advised to call 911 (in the US) and seek professional help from licensed medical or mental health providers, as our support services are not designed for emergencies.

Acknowledgment

By participating in programs or services with support features, you acknowledge and agree to the scope, limitations, and boundaries of support as outlined in this section.

12. Technology Disclaimer

We strive to ensure that The GEMMS with Samantha Kaaua website, programs, and services are accessible, reliable, and user-friendly. However, we cannot guarantee uninterrupted access or functionality due to the nature of technology and external factors beyond our control.

Client Responsibility

  • You are responsible for ensuring that you have access to the necessary technology to use our website and services, including:
    • A stable internet connection.
    • Compatible software and hardware, including up-to-date web browsers and operating systems.
    • Adequate device storage or capabilities to download or stream digital content.
  • We are not liable for interruptions, delays, or failures caused by your internet service provider, device compatibility issues, or inadequate technological setup.

Use of Website and Digital Platforms

  • Our website and services rely on third-party platforms, such as hosting providers, payment processors, and webinar tools. While we select these tools carefully, we cannot guarantee their performance, reliability, or security.
  • By using our website or services, you agree to the terms and conditions of any third-party platforms involved in delivering our content.

Limitations of Liability

We are not responsible for any damages, losses, or disruptions caused by:

  • Technical failures, including software bugs, server outages, or connectivity issues.
  • Incompatibility between your device and our website, services, or programs.
  • Unauthorized access to your data due to third-party breaches or external attacks.
  • Third-party platforms, including payment processors or webinar services, as these are beyond our direct control.

We are committed to providing a high-quality user experience and welcome feedback to improve accessibility and functionality.

13. Confidentiality and Data Use

We value the trust you place in us and are committed to protecting the confidentiality of any personal or sensitive information shared during your engagement with The GEMMS with Samantha Kaaua.

Handling of Confidential Information

  • Any information you share with us during coaching sessions, consultations, or through program participation will be treated as confidential and used solely for the purpose of providing services to you.
  • Confidential information includes, but is not limited to, personal stories, experiences, challenges, and other sensitive details disclosed in the context of our services.

Limitations on Confidentiality

While we strive to maintain confidentiality, the following exceptions apply:

  • If required by law, such as in cases of subpoenas, court orders, or legal investigations.
  • If there is a reasonable belief of harm to yourself, others, or unlawful activity.
  • When sharing testimonials or success stories with your express written permission.

Storage and Security of Information

  • Personal and confidential information may be stored electronically on secure, password-protected systems. We use industry-standard precautions to protect against unauthorized access, loss, or misuse.
  • While we take reasonable measures to safeguard your information, no system can be guaranteed 100% secure. By using our services, you acknowledge and accept this inherent risk.
  • We retain personal data only for as long as necessary to fulfill the purposes outlined in this policy or as required by law. You may request deletion of your data at any time, subject to applicable legal or contractual obligations.

Use of Information

  • Information collected during our engagement may be used to improve the quality of our services, develop new programs, or analyze trends for internal purposes.
  • Aggregated and anonymized data may be used for research, marketing, or educational purposes without identifying you personally.

Client Acknowledgment

By participating in our programs or services, you acknowledge and agree that:

  • You are responsible for the confidentiality of your own information when participating in group coaching or shared spaces (e.g., workshops, webinars, online forums, group sessions).
  • You will notify us immediately if you believe your confidentiality has been compromised in any way.

We are committed to maintaining high ethical standards and ensuring the confidentiality and security of your information whenever possible.

14. Testimonials Disclaimer

Testimonials shared on this website, in marketing materials, or as part of The GEMMS with Samantha Kaaua programs are provided by real clients who have engaged with our services. These testimonials are intended to illustrate individual experiences and results but should not be interpreted as guarantees or promises for future outcomes.

Purpose and Use of Testimonials

  • Testimonials are shared to highlight the impact of our coaching, programs, and services on clients’ lives. They are provided voluntarily by past or current clients to illustrate the potential benefits of engaging with our offerings.
  • While these testimonials reflect real client experiences, individual results may vary based on personal commitment, circumstances, and the effort put forth.

Confidentiality of Clients

  • Protecting client confidentiality is a top priority. Some testimonials may include altered names, pseudonyms, or generalized details to honor client requests and ensure privacy.
  • Any identifying information included in a testimonial is used with express permission from the client.

Limitations of Testimonials

  • Testimonials are for informational purposes only and are not intended to represent or guarantee specific results for current or future clients.
  • Each individual’s experience is unique and depends on various factors, including personal effort, life circumstances, and how they choose to apply the tools and guidance provided.
  • Testimonials should not be construed as medical, psychological, or financial advice.

Client Acknowledgment

By engaging with our services, you acknowledge that:

  • Testimonials shared are illustrative of potential outcomes but do not promise or ensure specific results for you.
  • You understand the importance of active participation, self-reflection, and individual circumstances in achieving your desired results.

We are committed to transparency and fairness in sharing client experiences. If you have questions about how testimonials are used or their relevance to your situation, please contact us at [email protected].

15. Limitation of Liability

The GEMMS with Samantha Kaaua and Be The BEST You LLC are committed to providing high-quality services, programs, and content. However, we cannot guarantee specific results or outcomes and are not liable for certain risks or issues arising from the use of our website, services, or materials.

Scope of Liability

  • To the fullest extent permitted by law, The GEMMS with Samantha Kaaua and its representatives will not be held liable for any:
    • Direct, indirect, incidental, or consequential damages resulting from your participation in programs, courses, or coaching services.
    • Losses arising from delays, interruptions, or technical failures of the website or third-party platforms used to deliver content.
    • Issues stemming from the misuse or misunderstanding of content, tools, or strategies provided in our programs.

No Professional Guarantees

  • Our services, including coaching and educational materials, are not substitutes for professional therapy, legal advice, or medical treatment. Any decisions you make based on our content are solely your responsibility.
  • We do not guarantee specific results, outcomes, or improvements, as success depends on individual effort, circumstances, and commitment.

Third-Party Services and Platforms

  • We utilize third-party tools and platforms to deliver our programs and process payments. While we select reputable providers, we cannot guarantee the performance, reliability, or security of these platforms and are not responsible for issues arising from their use.
  • You acknowledge that using these tools or platforms is at your own risk.

Client Responsibility

  • You agree to use our website, programs, and materials responsibly and in accordance with these Terms and Conditions. Any misuse, unauthorized sharing, or violation of the terms outlined herein absolves us of liability.

Limitation of Damages

  • In the event of any claim or dispute, our liability is limited to the amount you paid for the program, course, or service directly related to the claim.
  • Under no circumstances will The GEMMS with Samantha Kaaua be liable for any amount exceeding the total fees paid for the service in question.

Client Acknowledgment

By using our website, enrolling in our programs, or participating in our services, you acknowledge and agree that:

  • You assume full responsibility for any decisions, actions, or results based on the use of our content or coaching.
  • You release The GEMMS with Samantha Kaaua and its representatives from any claims or liabilities that may arise from your participation in our offerings.

We are dedicated to providing valuable services and content while ensuring transparency about the limits of our responsibility. If you have concerns or questions about this policy, please contact us at [email protected].

16. Indemnification

By using this website, enrolling in our programs, or participating in our services, you agree to indemnify, defend, and hold harmless The GEMMS with Samantha Kaaua, Be The BEST You LLC, its employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

  • Your use or misuse of the website, programs, services, or materials.
  • Your violation of these Terms and Conditions.
  • Any third-party claims resulting from your actions, omissions, or submissions, including but not limited to unauthorized sharing, reproduction, or distribution of proprietary content.

This indemnification obligation includes defending us against any claims or demands made by third parties as a result of your actions and covering any resulting damages or legal expenses.

Client Acknowledgment

By engaging with our website, you acknowledge and accept full responsibility for any claims, damages, or losses caused by your use of our website or services and agree to indemnify us as outlined above.

17. Release of Claims

By using this website, enrolling in our programs, or participating in our services, you agree to release, waive, and discharge The GEMMS with Samantha Kaaua, Be The BEST You LLC, its employees, contractors, agents, and affiliates from any and all claims, demands, or causes of action arising out of or related to:

  • Your use of the website, programs, services, or materials.
  • Any perceived failure to achieve specific results or outcomes from coaching, courses, or certifications.
  • Any decisions, actions, or omissions made by you based on the content or guidance provided through our services.
  • The unavailability of the website, programs, or services due to technical issues, discontinuation, or other factors beyond our control.

Scope of Release

This release applies to all claims, including but not limited to:

  • Claims for personal injury, emotional distress, or financial loss.
  • Claims arising from your use or misuse of our services or materials.
  • Claims based on contract, tort, statutory, or other legal theories.

Client Acknowledgment

By engaging with our website or services, you acknowledge and agree that:

  • You voluntarily assume all risks associated with using our website, programs, and services.
  • You release The GEMMS with Samantha Kaaua from liability for any claims or damages to the fullest extent permitted by law.

This release is intended to be a comprehensive waiver of liability and applies to all claims, known or unknown, that may arise from your engagement with our business.

18. Dispute Resolution

We are committed to maintaining a positive and professional relationship with our clients. In the event of a disagreement or dispute, The GEMMS with Samantha Kaaua encourages open communication and resolution through the following process.

Good Faith Resolution

  • Both parties agree to attempt to resolve disputes informally and in good faith before initiating any formal proceedings.
  • If you have a concern or issue, please contact us at [email protected] to discuss the matter and seek resolution.

Mediation and Arbitration

  • If an informal resolution cannot be reached, you agree to resolve the dispute through mediation or binding arbitration, as follows:
    • Mediation: Both parties agree to engage in mediation facilitated by a neutral third party.
    • Arbitration: If mediation is unsuccessful, the dispute will be resolved by binding arbitration in accordance with the rules of Dispute Prevention & Resolution, Inc.
    • The arbitration will take place in Honolulu, Hawaii, and the arbitrator's decision will be final and binding.
    • Mediation and Arbitration Costs
      • Mediation Costs: If both parties mutually agree to mediate, costs will be shared equally. If mediation is initiated solely by one party, the initiating party will bear the filing and administrative costs associated with mediation.
      • Arbitration Costs: The party initiating arbitration will be responsible for covering the initial filing and administrative fees associated with arbitration.
      • Additional costs, such as mediator or arbitrator fees, or expenses for legal representation, will be borne by each party individually unless otherwise directed by the mediator or arbitrator.

Waiver of Class Actions

  • You agree that any dispute will be resolved on an individual basis and waive the right to participate in any class action, collective action, or other group proceeding against The GEMMS with Samantha Kaaua.

Governing Law and Venue

  • This Dispute Resolution section is governed by the laws of the State of Hawaii. Any disputes arising from this agreement, not resolved through mediation or arbitration, will be subject to the exclusive jurisdiction of the courts located in Honolulu, Hawaii.

Exclusions

  • This section does not limit your rights to seek equitable remedies, such as injunctive relief, in cases of intellectual property infringement or other urgent legal matters.

Client Acknowledgment

By engaging with our services, you acknowledge and agree to this dispute resolution process and waive any right to pursue disputes outside of these terms.

19. Force Majeure

The GEMMS with Samantha Kaaua will not be held liable for any delay or failure to perform its obligations under these Terms and Conditions due to events beyond its reasonable control. These events include but are not limited to:

  • Acts of God, such as natural disasters, floods, earthquakes, or extreme weather.
  • Government actions, regulations, or restrictions.
  • War, terrorism, or civil unrest.
  • Labor strikes, shortages, or supply chain disruptions.
  • Technical failures, including internet outages, server crashes, or third-party platform downtime.
  • Pandemics, epidemics, or public health emergencies.

No refunds or credits will be issued for disruptions caused by force majeure events; however, reasonable efforts will be made to provide alternate solutions, such as rescheduling or extending access to impacted programs.

20. Termination of Use

We reserve the right to terminate or suspend your access to our website, programs, or services at any time, without prior notice, for any reason, including but not limited to:

  • Violation of these Terms and Conditions.
  • Misuse, unauthorized sharing, or reproduction of content.
  • Non-payment of fees or failure to meet payment obligations.
  • Behavior that is harmful, abusive, or disruptive to The GEMMS with Samantha Kaaua, its representatives, or other clients.

Upon termination, your access to any purchased programs or services will cease, and you will not be entitled to any refunds or prorated credits. Any remaining payment obligations must still be fulfilled unless otherwise stated.

21. Governing Law

These Terms and Conditions, including all sections and subsections, are governed by the laws of the State of Hawaii, without regard to its conflict of law provisions. Any disputes arising from these Terms, unless otherwise covered under the Dispute Resolution process, will be subject to the exclusive jurisdiction of the courts located in Honolulu, Hawaii.

22. Changes to Terms and Conditions

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page, and your continued use of the website signifies acceptance of any updates.

We encourage you to review these Terms periodically to stay informed about any updates. Continued use of our website, programs, or services after changes are posted constitutes your acceptance of the updated Terms.

23. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].