3.PRIVACY AND PROTECTION OF YOUR INFORMATION
4. PURCHASING OUR PRODUCTS AND PROGRAM
5. ACCESS TO PROGRAM
You will be granted immediate access to the Program upon payment and approval. If your initial payment is approved and accepted into the Program, you will have full access to the Program and all Program Materials as a licensee. If it is later discovered that your initial payment failed or any recurring payments have declined, you may be removed from the Program, your access will be denied, and your license will be terminated. Once you have made all outstanding payments you will be returned to good standing, your access and license to the Program will be restored.
6. PAYMENT TERMS
In exchange for access to our Products and Program, receiving Program Privileges and use of Program Materials as a licensee, you must adhere to the payment terms elected at the time of check out. Failure to strictly adhere to the payment terms elected, will result in your access to our Products and Program being restricted and your license terminated. We reserve the right to terminate your access to our Products and Program until all outstanding payments are received. Termination of your access to our Products and Program due to non-payment will not entitle you to a refund nor will it excuse future payments. Failure to make timely payments or your voluntarily withdrawal from our Products and Program will not relieve you of past or future payment obligations. You will be fully responsible for full payment of our Products or Program whether you stop using our Products or withdraw from the Program.
8. REFUND POLICY
You have a 3-day money back guarantee from the date of purchase of the Program or upon download of the Program and/or Program materials, whichever occurs first. No refunds will issue under any circumstances whatsoever beyond this time period.
Our refund policy is clear and therefore charge backs will not be tolerated. In the event you request a chargeback on a purchase, or we receive notification of a chargeback during or after your purchase, we reserve the right to report your personal information and the chargeback to all three credit reporting agencies or to an appropriate agency for listing of the chargeback in a chargeback database and as a delinquent account. This could have a negative effect on your credit and credit score.
10. COLLECTION AGENCY
We reserve the right to utilize the assistance of a collection agency to collect on your account if it becomes delinquent. Your delinquent account may be reported to all three credit agencies and could have a negative effect on your credit and credit score.
12. USER’S RIGHT TO TERMINATE
You have the right to terminate your access to our Products and participation in the Program by sending an email to email@example.com
13. COMPANY’S RIGHT TO TERMINATE
Company is committed to providing all Program participants with a positive Program experience. Upon termination Company reserves the right, in its sole discretion to limit, suspend or terminate your access to the Program, without notice and without refund or forgiveness of payment if you become disruptive or difficult to work with, if you fail to follow the Program guidelines, or if you impair the participation of Program instructors or participants in the Program. Company may terminate by sending you an email to the email address you provided upon purchasing the Program.
Upon termination by either party, Company reserves the right to immediately limit, suspend or terminate access to any and all aspects of Company’s Products, Programs and Materials, including but not limited to, private membership site, website, Facebook group, training calls, webinars or any other method of communication used by Company for its Products, Programs, Program Material and Services. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use our Products, Programs, Program Material and Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including account or login information
Termination from the Program will not entitle you to reimbursement for any paid fees, and you will be responsible for paying all outstanding fees owed to Company.
Termination by either party shall serve as revocation of your license prohibiting you from further access to the Program.
Unless specifically stated, the provisions of this Term of Use, including but not limited to Copyright, Trademark, Proprietary Rights, Non-Disparagement, Confidentiality will continue to apply, even after termination.
Our Products, Program and all Program Material are the exclusive property of Dena Patton and are copyright protected. Our Products, Programs and Program Material are either owned exclusively by us or are legally licensed to us, unless otherwise indicated. Our Products, Programs and Program Material cannot be copied, duplicated, traded, sold, shared, published, adopted, falsely represented as yours, used to create derivative type of work, revised or used in any manner that is improper or unauthorized for any reason whatsoever. Our content includes, but in not limited to the content, language, layout, design, graphics, appearance, photos, images and audio and media content. Using and reproducing our content for commercial gain is strictly prohibited and any violation will result in license revocation.
All logos, trademarks, taglines, website names and program names displayed on our Products, Programs and Program Materials are exclusively owned by us and protected by United States Trademark Law. You are prohibited from using our trademarks without written consent.
USE OF PRODUCT AND PROGRAM CONTENT
16. LICENSE SINGLE SITE LICENSE
17. MULTI SITE LICENSE
Licensee is granted a multi- site limited, non-excusive, non-transferrable revocable license to use our Products, Program and Program Material at the number of locations listed at the time of purchase. Simply put, licensee agrees that licensee has purchased one license per site where licensee intends to use our Products, Program and Program Material. For example, if licensee has purchased 4 licenses, licensee may use our Products, Programs and Program Materials at the 4 specified locations given at the time of purchase. Use of our Programs and Materials at any location other than those specified at the time of purchase is strictly prohibited and will result on license termination.
As a licensee you are permitted to print and download Program Material for your use at the site(s) governed by your license. You are prohibited from otherwise sharing, selling and repurposing our Products, Program and Program materials. Use of our Products, Programs and Program Material through a limited, non-exclusive, non-transferrable revocable limited site license does not give you ownership interest to our intellectual property. Improper and/or unauthorized use may subject you to a claim for civil damages, injunction and/or a criminal prosecution.
18. REQUESTING CONSENT TO USE OUR PROGRAM
If you are granted consent, you may only use the specific content you are granted permission to use and you may only use that content in the manner specifically permitted. If you use content outside the scope of consent or in a manner not permitted, you will be treated as though you had no consent at all and will be requested to immediately cease your improper use and may be subject to legal action, including but not limited to copyright and trademark infringement.
- INFORMATION RELEASE
You grant Company an irrevocable right and permission to use any material you provide through our Products and Program such as testimonials, social media posts, images, video, comments or any other submission through our website, membership site, social media platform or any other medium associated with our Products and Program. You grant Company and anyone authorized by Company the right to reveal your identity as the author of any of your posts, comments, testimonials, social media posts, images, and video.
- PROPRIETARY INFORMATION
You acknowledge that the methods, strategies, training and processes used in our Products and Program are Company’s Proprietary System which is owned by Company and is confidential and copyright protected. Company has taken a considerable amount of time and energy to develop Company’s Proprietary System and you agree not to duplicate, disseminate, distribute or otherwise disclose to any party or third party for any reason whatsoever, unless it is part of the Program or a legal proceeding.
You agree that during the term of this Agreement and thereafter, you will take no action which is intended or would reasonably be expected to harm our Products, Program or Company or its or their reputation, or which would reasonably lead to unwanted or unfavorable publicity. You also agree not to make any disparaging or defamatory statements, remarks, comments on social media, any internet site or to any third party about our Products, Program or Company. You further agree not to take any action to disrupt Company’s business or harm Company’s reputation. You agree that taking any of these prohibited acts will subject you to a defamation lawsuit and severe damages.
- 17.MEDIA RELEASE
You grant Company, its officers, employees, agents, and assignees an irrevocable right and permission to use your image, likeness, photographs, videos, audio recordings and impressions (including over the internet), silhouette, voice and any other physical likeness (including any still images, videotaped image, CD-ROMs, DVD’s and/or other analog or digital means) as captured by us or a third party through your voluntary use of our Products, Programs and class training/ participation including, but not limited to, your participation in our live events, Facebook group, recorded zoom calls, class sessions, and training calls for any purpose, including but not limited to, commercial, educational and informational use with prospective clients and actual clients. You also release us from any and all claims that you may have in relation to such use and the use of any posts made by you in the ways herein described.
- 18.FACEBOOK GROUP
- LEGAL AND FINANCIAL DISCLAIMER
Our Programs and Products are for informational and educational purposes only. The
information provided in our Products, Programs, and Materials are not to be relied on or substituted for professional legal and financial advice. You are responsible for seeking professional advice from your own accountant, lawyer, financial advisor and tax advisor for any questions, concerns or advice regarding your income, taxes finances and legal situation. You are hereby advised to seek professional advice in all these areas. The information you receive from us, our Products, Programs, Services and Program Material is not legal or financial advice, it is merely information. You agree that we are not responsible for your earnings, losses or any direct, indirect or consequential damages you suffer for actions you have either taken or refrained from taking without consulting your own financial, accounting, tax or legal advisor. You are solely responsible for consulting professional legal and financial advice and for your results.
- MEDICAL DISCLAIMER
Our Products and Programs are for informational and educational purposes only. The information provided in our Products, Program, and Materials are not to be relied on or substituted for professional medical or mental health advice. You are responsible for seeking professional advice from your own medical doctor, physician nurse practitioner, psychotherapist, therapist, counselor, mental health practitioner, licensed dietitian, nutritionist, clergyman or any other licensed or registered health care professional. The information you receive from us, our Products, Programs and Services and Program Material is not to be substituted for mental or physical health care advice, it is merely information. We do not provide medical or mental health care diagnosis, treatment, preventive care or seek to cure any ailments or diseases neither physically or mentally. You agree that we are not responsible for your health and if you have or suspect you have a medical or mental health issue, you should contact your own health care advisor immediately. Do not delay, stop or disregard medical treatment or refrain from taking prescribed medications and medical treatment based on information in our Products, Program, Program Materials or Services. We are not your physician or health care provider and you are solely responsible for your own health and in seeking any necessary professional medical, psychological, religious, emotional health care treatment and advice.
- EARNINGS DISCLAIMER
Our Products and Programs are for informational and educational purposes only. The testimonials provided are not intended to represent or guarantee that you will achieve the same or similar results. Each person’s successes and results will vary as outcomes typically depend on many factors, including, but not limited to, educational background, work ethic, dedication, motivation and the amount commitment and time invested in getting the desired results. As a result, Company cannot and does not guarantee you will earn any money. To the fullest extent permitted by law, we expressly exclude any and all liability, direct, indirect or consequential incurred by you or any third party in connection with our Products, Programs and Program Materials. Excluded losses shall include, but are not limited to lost profits, business interruptions, delays, accidents, damage, physical or mental damages, contract damages or damages of any kind.
- 20.WEBSITE LINKS
Our website may contain links to other third-party sites. These links are for your convenience and are not intended to be an endorsement, sponsorship or approval of that site and/or its owner. We have no control over third party websites and are not responsible for any third-party website, website content, privacy policies, or any information provided by the third party or its website.
- 22.LIMITATION OF LIABILITY
We will not be responsible or liable in any way for the information you request from our Products or Program. We do not assume liability for delays, injuries, lost profits, accidents, business interruptions, misapplication of information, injuries of any kind due to any act of default of anyone or any business, whether owners, staff agents, joint venture partners, contractors, vendors, affiliates. You will be solely responsible for any and all liabilities, losses, claims, demands, costs and expenses that arise from our Products or Program.
- 23.RELEASE OF CLAIMS
We will not be responsible or liable for any direct, indirect, special, incidental, consequential or equitable damages as a result of reliance on our Products or Program. You hereby release us of any and all claims, including but not limited to, lost profits, personal or business interruption, misapplication of information or any loss of any kind.
- CONFIDENTIALITY AND NON-DISCLOSURE
We respect your privacy and insist that you respect the privacy of other Product and Program users. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidential and proprietary information, ideas and trade secrets and insist that you respect the same rights of fellow Program participants and the Company. You agree not to infringe any Program participant rights, to maintain the confidentiality of information shared by Program participants and Company or Company’s representatives and to refrain from using and disclosing any such confidential information in any manner, other than in program discussions during Program sessions.
You may be issued a password to access our Products, Program and Program Materials. You agree to safeguard your passcode and not share it with anyone. You are responsible for maintaining the confidentiality of your passcode, account and all activities associated with your passcode and account, whether made by you or others. If you share your username and passcode with anyone, we reserve the right to terminate your access to our Products, Program, Program Material, website, membership site, private Facebook group or any other related communication, without reimbursement or forgiveness of full payment obligation.
You accept full responsibility for protecting your passcode and account information and agree that we are not responsible for activities that take place using your passcode within your account. You agree to notify us immediately upon loss of or unauthorized use of your passcode, account or any other security breach. You agree to exit from your account at the end of every session. You further agree to provide true and accurate information as part of the purchase and registration process. If it is determined that you provided false information, including but not limited to a false email, we reserve the right to immediately deactivate your account and terminate your access to our Products, Programs and Program Materials.
We agree to take all reasonable measures to keep your passcode and account information safe and secure and not share your private information unless required to do so by law.
- 26.GOVERNING LAW
The laws of the State of Arizona shall govern enforcement and of this
Agreement. Venue and jurisdiction for any court action filed regarding this Agreement or
any court of competent jurisdiction in Arizona
- NO WAIVER OF CONTRACT RIGHT
Company’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Company’s right to subsequently enforce such a provision or any other provision of this Agreement.
- DISPUTE RESOLUTION
Any dispute or claim arising out of or related to this Agreement or the breach of this Agreement, which cannot be resolved by the parties within 30 days of good faith negotiation or formal mediation shall be resolved by formal binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree that the only remedy available to be rewarded to you through binding arbitration is full refund of your Program payment or the amount of the Program paid at the time of filing the dispute. No other action or remedy shall be available. You agree that the decision of the Arbitrator is final and binding.
If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) the parties shall amend that revision to achieve substantially the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or invalidated.