Progam Agreement + Disclaimer
(CFS School and HEAL)
This contract governs your use and relationship with Stress School LLC, Somia, Heal, CFS School, Karden Rabin, Jennifer Mann, our associates, contractors, assistants, support staff, websites, and programs.
This Program Agreement (hereinafter, "Agreement") is made by and between Stress School LLC, a limited liability company, organized under the laws of the state of Massachusetts, hereinafter referred to as "Company," and you, further defined below, as a participant in the Program, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Program (all collectively referred to as "Program") and any services provided by or on this Company through the Program ("Services") and/or on the Company's website ("Website").
ASSENT & ACCEPTANCE
By purchasing and participating in the Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Program immediately. If you do so after purchase, you will not be entitled to any refund. Company only agrees to provide the Program to you if you assent to this Agreement.
LICENSE TO USE WEBSITE & ACCESS PROGRAM MATERIALS
We may provide you with certain information as a result of your accessing of the Program through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Program ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Program and your use of the Website. The Materials may not be resold or transferred, and this license terminates upon the termination of this Agreement.
PAYMENT & FEES
Payments for the Program are due on the dates and in the amounts you agreed to when you purchased the Program.. Any payment not received within 7 days of the due date may result in a $50 late payment fee and suspension of your account including access to course materials, forums, group or private calls.
You agree that you are responsible for full payment of all amounts due under this Agreement, whether you actually use the Program or the Services. To further clarify, no refunds will be issued and all payments must be made on a timely basis. By signing this Agreement, you represent that payment of fees as required by this Agreement will not place a significant financial burden on you.
Whether or not the Program has been completed, any live components will conclude after 12 weeks after program start date, unless otherwise specified. You will have lifetime access to the prerecorded materials.
The Program and any of its accompanying Materials may not be shared with any party. If we suspect that the Program or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Program, in our sole and exclusive discretion.
Except as explicitly stated in this Agreement, we do not offer any promises or guarantees with regard to our Program or Program Materials. Notwithstanding the foregoing, if we determine, in our sole and absolute discretion, that you appear to need additional support, we will make efforts to contact you directly to determine if and how we can help. Any such offer will be made at our sole and absolute discretion, and may include proposed services that fall outside the scope of this Agreement and/or the Program, and which carry additional fees.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT:
A) You are solely and exclusively responsible for the choices that you make with regard to this Program, the Materials contained within it, or any significant changes to your life;
B) You are solely and exclusively responsible for your own mental health, physical health, life decisions, and any other actions or inaction you choose to take. You will consult medical and mental health professionals before undertaking any aspect of this program;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Program;
D) We have made every effort to accurately represent the Program and its potential. However, each participant's success will depend on many factors, including but not limited to the participant's background, dedication, implementation, and countless other factors, many of which may be out of our or your control. Because of this, we cannot and do not warrant, predict or guarantee results to you. By signing this Agreement, you acknowledge that we do not guarantee results.
You agree that the Materials, the Program, the Website, and any other Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or URLs, without express written permission from the Company.
You agree not to use the Program or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Program or the Website in any way that could damage the Program, Website, Services, or general business of the Company.
You further agree not to use the Program or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
All information and resources offered by Stress School LLC, Somia, Heal, CFS School, Karden Rabin, Jennifer Mann, our associates, contractors, assistants, support staff, websites and programs AND affiliated websites are based on the opinions of the authors unless otherwise noted. All information is intended to motivate viewers to make their own life and health decisions after consulting with their health care provider.We are not doctors, lawyers, psychiatrists, therapists, or all knowing gurus and do not claim to be one on the internet or elsewhere.
The authors of this communication and/or site encourage you to consult a doctor before making any health changes, especially any changes related to a specific diagnosis or condition. No information in this communication or on this site should be relied upon to determine health, diet or make a medical diagnosis, or determine treatment for a medical condition. The information in this communication and on this website are not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice.
No information in this communication or on this site should be used to diagnose, treat, prevent or cure any disease or condition.If you or any other person has a medical concern, you should consult with your health care provider or seek other professional medical treatment immediately. Never disregard professional medical advice or delay in seeking it because of something that you have read on this blog, website or in any linked materials. If you are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone immediately.
WAIVER OF LIABILITY
Stress School LLC, Somia, Heal, CFS School, Karden Rabin, Jennifer Mann, our associates, contractors, assistants, support staff, websites and programs and affiliated websites are provided for informational and coaching purposes only. You acknowledge and agree that any information posted in the Program, in the Materials, or on the Website and advice given by Karden Rabin, Jennifer Mann, our associates, contractors, assistants, support staff is not intended to be medical or mental health advice and no medical or mental health relationship has been created between you and us.
Client understands that The Program is designed to be an ancillary health aid and is not suitable for primary medical treatment of any condition.
Client and The Company have discussed the potential benefits and possible side effects of The Program and have agreed on a course of action for the predetermined goal of stress reduction and the promotion of general wellbeing. Client has been given the opportunity to ask questions of The Company and has received all requested information.
Client hereby assumes full responsibility for receipt of The Program and coaching herein and releases and discharges The Company from any and all claims, liabilities, damages, actions or causes of action arising from the information and coaching received hereunder, including, without limitation, any damages arising from acts of active or passive negligence on the part of the The Company, the fullest extent allowed by law.
TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us, and will not relieve you of any future payment obligations.
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Program or use of the Website is at your own risk.
MODIFICATION AND VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
This Agreement constitutes the entire understanding between the Parties with respect to the Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
We may need to interrupt your access to the Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Program and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
You agree to defend and indemnify the Company and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Program, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Program and your use of the Website, you agree that the laws of California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Berkshire, Massachusetts. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall rst attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Berkshire. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Company, the rights and liabilities of Company will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub- part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected]
This contract may be signed electronically by checking the box or in hard copy. If signed in hard copy, it must be returned to the Business for a valid record. Electronic signatures and checking the box count as original for all purposes.
By checking the box below below, both parties agree to the terms and provisions of this agreement.