Terms & Conditions

GYW LLC d/b/a Gini Winkelmann Advisory + giniwinkelmann.com Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using giniwinkelmann.com (hereinafter referred to as the “Site”). The Site and its content are owned by GYW LLC d/b/a Gini Winkelmann Advisory, hereinafter referred to as the “Company”.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES: 

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at help@giniwinkelmann.com.

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

  • “Company”, “We”, “I”, “Our”, or “Us” means GYW LLC d/b/a Gini Winkelmann Advisory, Gini Winkelmann (in her capacity as owner of GYW LLC), and giniwinkelmann.com.

  • “Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Gini Winkelmann, GYW LLC d/b/a Gini Winkelmann Advisory, or giniwinkelmann.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by the Company and/or on giniwinkelmann.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

  • “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

  • “Site, Courses, Services, and/or Products” means giniwinkelmann.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, advisory services (including AI and privacy reviews), workshops, trainings, consulting, group courses or programs, templates, contracts, forms, guides, eBooks, worksheets, workbooks, website materials, and/or templates available on the Site.

  • “Site” means giniwinkelmann.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

  • “You” or “Your” means the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions, our Privacy Policy, and Disclaimer.

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

  • Abuse or harass any person through or on the Site.

  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

  • Post or transmit any “spam” or unwanted, unsolicited content.

  • Post copyrighted materials, photographs, or content which do not belong to you.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. DISCLAIMER: 

By using the Site, you understand that we are a certified coach and business advisor. We are not a therapist, psychologist, counselor, licensed medical or mental health professional, attorney, CPA, accountant, or financial advisor. Although our background includes legal training and experience in compliance, risk, and data privacy, we are not a licensed attorney. We do not provide legal advice or legal opinions, and no attorney-client relationship is created by using the Site or purchasing our services.

Health and wellness. Our Content may discuss topics such as stress, burnout, sleep, energy, habits, and work-life balance. This Content is for general wellness purposes only and is not intended to diagnose, treat, cure, or prevent any physical or mental health condition. Coaching is not therapy and is not a substitute for medical or mental health care. You must discuss any changes to your diet, exercise, supplements, medications, sleep, or lifestyle with your physician or a qualified medical professional before making them. If you have a mental health concern, please contact a licensed mental health professional. If you are in crisis or may be at risk of harming yourself or others, call 911 or your local emergency number, or call or text 988 (Suicide & Crisis Lifeline) if you are in the United States.

Legal, financial, and business. Our Content may also discuss careers, business, compliance, privacy, risk, and the use of AI and technology. This Content is general information and is not legal, financial, tax, accounting, or compliance advice. Laws and regulations change and vary by location, industry, and situation. You should consult a licensed professional where you live or work about your particular legal, financial, tax, or business situation before acting on anything you learn from us. You are solely responsible for your decisions and their results. Any review, policy, template, or other deliverable we provide is not a guarantee that you or your business comply with any law, regulation, or standard. You remain responsible for your own compliance.

Our Content is for informational and educational purposes only and is based on our training, professional experience, and personal experience. It is not a substitute for professional advice.

5. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by GYW LLC d/b/a Gini Winkelmann Advisory. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

10. Your License to Us:

By posting comments on the Site or our social media pages, you represent that you own the content you post, and you grant us a license to display and share those public comments in connection with our business. Information and documents you share with us as a client, applicant, or prospective client are not covered by this license. We keep them confidential as described in our Privacy Policy and any agreement between us. We will only use your testimonial with your permission.

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

12. Sharing the Site & Its Content:

You must request and receive written permission by email (help@giniwinkelmann.com) before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with GYW LLC d/b/a Gini Winkelmann Advisory.

13. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

14. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

15. Your Release of Us:

By using the Site or Purchasing, Downloading, or using GYW LLC d/b/a Gini Winkelmann Advisory’s Courses, Services, and Products, you agree to release, forgive, and forever discharge GYW LLC d/b/a Gini Winkelmann Advisory, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

16. Errors & Omissions:

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, GYW LLC d/b/a Gini Winkelmann Advisory does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

17. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered. Refunds for other purchases are handled as described below. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email help@giniwinkelmann.com.

  • Sessions. You may reschedule or cancel a session at least 24 hours in advance through Acuity. Sessions canceled with less notice, or missed, are forfeited and not refunded. 

  • Memberships. Monthly membership fees are non-refundable. You may cancel future months at any time as described in Section 22.

  • Summit. If you withdraw within 24 hours of enrolling, you will receive a full refund. After that, Summit is non-refundable.

  • Advisory and company services. Refunds and cancellations are governed by the written agreement or proposal for those services. 

If we refuse or end service, refunds are handled as described in Section 25.

18. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or GYW LLC d/b/a Gini Winkelmann Advisory’s Courses, Services, and/or Products, please contact us directly first by emailing help@giniwinkelmann.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and GYW LLC d/b/a Gini Winkelmann Advisory shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Denver, Colorado.

You agree that any dispute will be resolved on an individual basis, and you waive any right to bring or participate in a class or representative action.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Colorado. The only award that can be issued to you is a refund of any payment made to GYW LLC d/b/a Gini Winkelmann Advisory for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

Exceptions. The following do not need to go to arbitration: (a) either party may bring an individual claim in small claims court in Denver County, Colorado, if the claim qualifies; (b) either party may go to court to seek an injunction or other equitable relief to stop the infringement or misuse of its intellectual property or confidential information; and (c) either party may go to court to confirm, enforce, or challenge an arbitration award. Any claim for money damages, including a claim related to an exception above, must be resolved through arbitration, except a claim brought in small claims court under (a).

19. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Colorado.

20. Consent to Jurisdiction:

For any matter that is not subject to arbitration under Section 18, or to enforce an arbitration award, you and we consent to the exclusive jurisdiction and venue of the state courts located in Denver County, Colorado, or the United States District Court for the District of Colorado.

21. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Colorado for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Colorado.

22. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you pay through Acuity Scheduling, which processes payments through Stripe. By doing so, you give GYW LLC d/b/a Gini Winkelmann Advisory permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect the installment or “pay over time” option at checkout, you agree that GYW LLC d/b/a Gini Winkelmann Advisory has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

Monthly memberships renew automatically and are charged to your payment method on the same date each month until you cancel. There is no minimum commitment. You may cancel at any time through your Acuity account or by emailing help@giniwinkelmann.com, and cancellation takes effect at the end of your current billing period. Unused sessions do not roll over to the next month.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for any amounts due for services already provided or periods already begun. 

If you file a chargeback or payment dispute, we may suspend your access to our Courses, Services, and/or Products while it is resolved. We encourage you to contact us first at help@giniwinkelmann.com so we can try to resolve the issue directly.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

23. Limitation of Liability:

GYW LLC d/b/a Gini Winkelmann Advisory is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

24. Defense & Indemnification

You agree to indemnify, defend, and hold harmless GYW LLC d/b/a Gini Winkelmann Advisory, Gini Winkelmann, and our contractors and affiliates from any third-party claims, losses, damages, and expenses, including reasonable attorneys’ fees, arising out of your breach of these Terms & Conditions or your misuse of the Site, Courses, Services, and/or Products.

25. Our Right to Refuse or End Service:

We reserve the right, at our sole discretion, to refuse, cancel, or end any Purchase, booking, application, or service, including free consultations, for any lawful reason, at any time.

Professional relationship. Our Courses, Services, and/or Products are offered for professional coaching, advisory, and educational purposes only. You agree not to use them primarily to pursue a personal, social, or romantic relationship with Gini Winkelmann, or to gain personal access to her outside the scope of the Courses, Services, and/or Products you purchased.

Conduct. We may immediately end your access to the Site, Courses, Services, and/or Products if you (a) use or attempt to use them for the purpose described in the paragraph above; (b) harass, threaten, or abuse Gini Winkelmann or anyone associated with the Company; (c) make unwelcome personal, romantic, or sexual advances or comments; (d) repeatedly contact us after being asked to stop; or (e) otherwise materially violate these Terms & Conditions, our Privacy Policy, or our Disclaimer (each a “Conduct Breach”).

Refunds. If we refuse or end service for any reason other than a Conduct Breach, we will refund the portion of your payment for services not yet provided. If we end service because of a Conduct Breach, no refund will be issued, and any remaining sessions or access are forfeited.

No further contact. Once we end service, we are not obligated to respond to further communications from you. We may also block you from booking, purchasing, or subscribing to anything we offer in the future.

26. Entire Agreement

These Terms & Conditions, our Privacy Policy, and Disclaimer constitute the entire agreement between you and us with respect to your use of the Site. If you sign a separate written agreement with us for coaching, advisory, or company services, that agreement governs those services, and it controls if it conflicts with these Terms & Conditions.

27. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

28. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

29. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

Last updated on: October 23, 2026