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User Agreement for Reclaiming Me LLC
IMPORTANT: READ CAREFULLY.
BY ACCESSING OR USING THE PROGRAM(S), SESSION(S), GROUP CALLS AND ALL OTHER OFFERINGS OF RECLAIMING ME, YOU ACKNOWLEDGE THAT A. YOU HAVE READ THIS AGREEMENT, B. YOU UNDERSTAND IT, AND C. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. This Agreement (“Agreement”) is a legal contract between Reclaiming Me, LLC, traci@reclaiming-me.com And (“YOU”, an individual) Collectively the “Parties” WHEREAS, Reclaiming Me are engaged in this business of wellness and coaching services; and WHEREAS, YOU desire to engage Reclaiming Me to provide wellness and coaching services to YOU in the form of Audio and/or Visual Presentations and workouts, community support, energy healing and coaching; NOW, THEREFORE, the Parties agree as follows: SECTION 1: Membership and Program Fees 1.1 Programs: Under the terms of this Agreement, Reclaiming Me agrees to provide coaching services to YOU in the form of workouts, Audio and/or Visual Presentations, community support, energy healing and coaching (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee. 1.1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Reclaiming Me Program that you selected. 1.1.3 Termination: Reclaiming Me may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity. 1.2 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Traci Eberly the designated fee for the Program that you selected and thereafter ongoing access to the curriculum for your future reference. 1.3 No Refunds: Reclaiming Me abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Reclaiming Me. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund. SECTION 2: NO WARRANTIES 2.1 Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Reclaiming Me provides Program(s) related to coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success and health. YOU are solely responsible for creating and implementing YOUR own physical, nutritional, mental, energetic and emotional well-being, decisions, choices, actions and results arising out of or resulting from YOUR participation in the Reclaiming Me Program. YOU understand that participation in Reclaiming Me Program is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical issue or disease. 2.2 Limited Liability: In no event will Reclaiming Me be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Reclaiming Me has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. SECTION 3: Confidentiality 3.1 Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Reclaiming Me by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. 3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of Reclaiming Me under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Reclaiming Me, Reclaiming Me and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of Reclaiming Me, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Reclaiming Me uses in connection with services rendered by Reclaiming Me are marks owned by Reclaiming Me. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. SECTION 4: Miscellaneous 4.1 Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. 4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and Reclaiming Me, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement. 4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Reclaiming Me concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Reclaiming Me relating to the Program, whether oral or written. 4.4. Amendment: Reclaiming Me reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at reclaiming-me.com. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Wisconsin. BY PURCHASING THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
By accessing this website, Reclaiming-Me.com, hosted in Zenler.com, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Permission is granted to use the materials Reclaiming-Me.com personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Reclaiming Me at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.
The materials on Reclaiming Me's website are provided 'as is'. Reclaiming Me makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Reclaiming Me does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Reclaiming Me or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Reclaiming Me's Internet site, even if Reclaiming Me or its authorized representatives have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Reclaiming Me's website could include technical, typographical, or photographic errors. Reclaiming Me does not warrant that any of the materials on its website are accurate, complete, or current. Reclaiming Me may make changes to the materials contained on its website at any time without notice. Reclaiming Me does not, however, make any commitment to update the materials.
Reclaiming Me has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Reclaiming Me of the site. Use of any such linked website is at the user's own risk.
Reclaiming Me may revise these terms of use for its web site at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Reclaiming Me website shall be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions.
As an Instructor, You represent, warrant, and covenant that: No Submitted Content shall infringe or misappropriate any intellectual property right of a third party.
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