New client release e-form (only need to complete once)
Intuitive Lifestyle Success
By purchasing, volunteering or participating in any free or paid service, private or public event with Cathleen Miller, I fully understand and agree to all of the following terms of this required disclaimer and understand this is a release of liability for any legal action or claims of any kind for Intuitive Lifestyle Success LLC and any venue location or sponsor company of any event. I fully understand that all intuitive therapy sessions, classes, retreats, audios, information and any energy therapy provided by Cathleen Miller or her company Intuitive Lifestyle Success LLC are in no way to be considered medical or any other therapeutic treatment and is not a substitute for professional licensed care. All necessary treatment and suggested medications should be conducted under the supervision of a health care professional. I also understand that Cathleen Miller is neither a licensed medical doctor nor a licensed health care professional. Therefore, Cathleen Miller, does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy or should be construed to constitute healthcare advice or medical diagnosis, treatment or prescribing of any kind. I do here and forever release and discharge and hereby hold harmless Cathleen Miller and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in a session or purchase or any program without limitation. I agree and release all rights for Cathleen Miller to use my participation in any group audio, photography, video or group participation that I may be in or shown on in any capacity.
Cathleen Miller encourages everyone to seek the care of a licensed healthcare professional if you believe such care is required. In addition, any intuitive advice given is confidential and not to be considered or construed as professional advice which includes but is not limited to, legal, nutritional, emotional, financial, herbal, health, psychological, image, home consultation, instructional, or medical. I have read and fully understand this disclaimer and hereby accept full responsibility and liability for the way in which I utilize all information and energy received through any intuitive consult as well as all energetic treatment and counseling from Cathleen Miller. I fully understand and agree to all above stated terms and that I am a legal adult of 18 years or older which is required to participate in any session or event with Cathleen Miller. Any session request for a minor requires both parents written approval and attendance at the session with the minor and are in agreement with complete release of all liability for all parties involved for any session together. By attending any free and or paid event, group or session at any time with Cathleen Miller you are agreeing to all above terms which are a pre-requisite for attendance and participation of any kind. I agree and release all rights for Cathleen Miller to use my participation in any public group audio, photography, video or group participation that I may be in or shown on in any capacity.
-By purchasing, attending or participating in any free or paid session, class, call, group or event of any kind with Cathleen Miller you agree to all terms of client disclaimer which is a prerequisite for any and all participation and assume full responsibility and liability for your experience and use of any information or energy.
-Clients must be 18 years of age (under 18 legal parent may request session for minor which Cathleen takes on a selective basis where it is appropriate) please email your requests for a son or daughter to be considered, must be parent or legal guardian to book and be present during session with consent from all parents before session can be scheduled.
-Client assumes full responsibility for any covid or any disease exposure risk of any kind that may be possible in any free or paid in person event, session, group training or service of any kind including distancing or any aspect of risk is entirely released for any past, current or all time with Cathleen Miller dba Intuitive Lifestyle Success
-All gift certificates are valid 6 months from purchase date *unless otherwise noted on shorter valid promotions or series options which have specific dates per package.
-Please note all sessions are in Central Standard US Time Zone. Booking online has option you must choose to adjust this for your zone on both sides which is recommended for you to check. If you are not sure the time change for your appointment is correct please email to confirm. Clients living in more than one time zone have been known to glitch the system not always accurately scheduling from multiple time zones. As a courtesy our office can assist with time zone change when scheduling appts but it is the clients responsibility to be sure that any time change or session confirmation is correct - we are happy to double check via email if you email us to confirm your time. When you book online an option to book in your time zone or continue in Central Standard Time/US will come up so be sure to choose to book in your time zone which will automatically adjust for the office time change on our end.
-Cancelled, missed or appointments rescheduled within 36 hours are not credited or refunded. Clients are responsible to be on time for their sessions which includes ongoing member sessions or one time sessions or phone being on to receive call are not valid for missed appointments.
-Wellness Members are fully responsible to book their own appointments online within the 30 day required period from month to month which can be done at the end of each session, or you can book out several months in advance to make it easier which is highly recommended. Allowing a month to lapse without scheduling within a 30 day period is the responsibility of the client and will not be credited or refunded if skipped or missed. Sessions missed because of phones on silence mode, or having the ringer off are also the responsibility of the client and are not refunded or rescheduled. Please be sure your phone is on before your session time.
-After the 3 month auto subscription commitment period is complete wellness clients are then required to give a 30 day cancellation notice via email to end their plan, or they can continue on as long as they like. Once the cancellation notice is given from client the 30 day period notice will be the final session(s) which they can use that month or keep as credit valid for 6 months, unless it is after July then credit would remind valid until the end of current calendar year (which ever comes first). Fall cancellations will need to use credit before end of December of same calendar year.
-All distance sessions must be pre-paid at time of booking. Session times booked online or through email are not guaranteed until payment is made. In person sessions can be paid by check at the time of your office session.
-Only one promotional new client referral discount may be used for one person at a time. Any discounted promotions are not valid for on location, VIP or in person events of any kind. Wellness member discount rates also not valid for on location or VIP events.
-Sessions are not transferable and only redeemable for session credit within valid dates of use.
-Any cancelled package will automatically lose discounted session rates and only be refunded after full price rate of used portion is deducted.
-Cathleen reserves the right to refuse service at any time if she feels anyone is not appropriate to take as a client..
-New additional policies and or changes may be added or updated at any time.
Our Use of Your Personal Data and Other Information *Your privacy is of the utmost importance and will always be respected and not shared
Cathleen Miller & Intuitive Lifestyle Success will not ever sell or rent your personal information to a third party. We may use personal data to provide you with information and updates about other services you might be interested in about retreats, classes, e-courses. upcoming media and other events that require information to facilitate. If we intend to use your personal data in a way we have not mentioned, we will let you know when we collect that information. Sometimes we aggregate user data anonymously to understand our customer base better to improve quality of services and content.
Intuitive Lifestyle Success will never sell or rent to any third party any of the Personal Information or Personal Data that you provide to us.
Intuitive Lifestyle Success and its subsidiaries and affiliates may also use your Personal Data and other personally non-identifiable information collected through the Services to help us maintain and improve the content and functionality of the Services, to better understand our users, and to improve Services.
Intuitive Lifestyle Success and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
Our Disclosure of Your Personal Data and Other Information
We don't sell your personal data. If we work with partners or contractors, they may have limited access to your personal data but only so much to do their job. If we sell the company, personal data may be included in the transfer.
You can visit the Services without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Intuitive Lifestyle Success Services. Intuitive Lifestyle Success is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Legal Requirements: Intuitive Lifestyle Success may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Intuitive Lifestyle Success, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Third-Party Payment Processor We use a third-party payment processor PayPal checkout, for all payments. Intuitive Lifestyle Success does not see, use , store or can access any credit card details and instead relies on this third-party payment processor for incoming payments. We use third-party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to one of our third-party processors whose use of your Personal Information is governed by their privacy policies. We currently use PayPal Checkout and their privacy policies may be viewed at and https://www.paypal.com/us/webapps/mpp/ua/privacy-full(link is external). As well as teachable.com payment processing which will collect necessary information if you purchase a class on that site see teachable.com privacy link available on site.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/(link is external).
You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout(link is external).
“Do Not Track” Signals
We don’t track you, so we do not respond to Do Not Track (DNT) signals (also there doesn’t yet exist a standard across browsers on how to react to these signals). We do not track you over time and across third party websites to provide targeted advertising. However, some third party sites we may at some point use like facebook ads (see facebook privacy and terms), mailchimp (see mailchimp privacy and terms), click funnel (see click funnel privacy and terms) or other we ads do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you sign up to a Intuitive Lifestyle Success or Holistic MediumTM event or event instructed by Cathleen Miller, you are agreeing that certain of your information will be shared with the event host and other event participants, as well agreeing to all information in the new client disclaimer which is required for participation of any kind for any free or paid event or service. In particular, the event host will have access to your name, email address, and intake form, and other team members will have access to your name and email address. Any information you share via an events watercooler will be available to all event participants of the event for which you have signed up. You are solely responsible for any information you share via an event, which is posted at your own risk.
We take many steps, including encryption, to ensure your private information and account credentials are safe. To this end, if you find a security problem, contact us and we will fix it immediately. Keep in mind, emails and communications with us are not encrypted.
Intuitive Lifestyle Success reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error-free and we cannot guarantee its absolute security. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Intuitive Lifestyle Success via the Internet.
Your Rights You have the rights to know what data we have about you and to change or delete it.
Intuitive Lifestyle Success aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your
Personal Data. Whenever possible, you can update your Personal Data directly by clicking unsubscribe in any email. If you are unable to change your Personal Data, please contact us to make the required changes.If you wish to be informed what Personal Data we hold about you and/or if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the right:
To access and receive a copy of the Personal Data we hold about you
To rectify any Personal Data held about you that is inaccurate
To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Intuitive Lifestyle Success.You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.
Please note that we may ask you to verify your identity before responding to such requests.
Changes to Intuitive Lifestyle Success Policy
If anything changes, we will let you know ahead of time via this website or an email.
As a wix subscriber site, we receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details through PayPal (and all transaction information as required through PayPal usage is kept confidential on their site), comments, feedback, product reviews, recommendations, and personal profile. We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. Mailchimp is also used as a mailing service for subscribers and all privacy information for their usage and terms can be found at
Intuitive Lifestyle Success has no access to any credit card information or payment processing details which are all done through PayPal so please refer to their privacy policies and their full policies and terms at . All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
USE AND CONSENT
Certification, private training or any service does not affiliate, sponsor or attach your personal or business practice with Cathleen Miller dba Intuitive Lifestyle Success and you would be completely independent and fully responsible in using certification entirely at your own liability risk for any use of all parts of training for yourself or others in any way for all time without limitation.
INTELLECTUAL PROPERTY RIGHTS
You are permitted to use our Programs, Products, Services and Program Materials as follows:You may download and/or print Program Materials for your own personal use in your business. However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
· You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
· You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
· You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
· You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
· You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
· You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
· You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Your License to Us. By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are 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 such 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 our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
Media Release. By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to firstname.lastname@example.org
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do 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 our Programs, Products, Services or Program Materials.
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.
We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.
Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.
Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.
Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we 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. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full disclaimer which may be found on our Website.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
· For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
· To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
· To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
· To cause annoyance, inconvenience or needless anxiety
· To impersonate any third party or otherwise mislead as to the origin of your contributions
PURCHASES AND ONLINE COMMERCE
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail including your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
CONFIDENTIALITY AND PRIVACY
What We Do With Confidential Information. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
Storage. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
Viewing by Others. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.