Terms of Use: Fit To Forgive

TERMS OF USE
FIT TO FORGIVE: EXPLORING THE RELATIONSHIP BETWEEN EMOTIONS AND MOVEMENT
  
By checking the box next to these Terms of Use, and clicking the “Purchase” button, you, the purchaser of Fit To Forgive: Exploring the Relationship Between Emotions and Movement (“Customer”) agree to purchase this item provided by Pursuing Uncomfortable, a division of Melissa Ebken, Light Life and Love Ministries™, an Illinois, sole proprietorship, (“Company”) and agree to enter into this legally binding agreement, with terms as follows:
 
For good and valuable consideration, Customer agrees to purchase Fit To Forgive: Exploring the Relationship Between Emotions and Movement a digital product, (“Purchase”) from Company.  In exchange, Company agrees to provide the purchased item, with details as outlined below.
 
PURCHASE DETAILS.
 
Fit To Forgive: Exploring the Relationship Between Emotions and Movement is an online workshop/course about incorporating movement and spiritual practice.
 
A. Customer understands and agrees this purchase includes (“Services”):
 
a.    Workshop video
b.    PDF Downloads
c.    Forgiveness Workbook
d.    Video Clips from the workshop
e.    Any bonuses that are added
etc.
 
B.   Customer understands and agrees this purchase does not include:
 
a.    1:1 Sessions, unless specifically added in a bonus
b.    Text support
c.    Three emails, unless specifically added in a bonus
etc.

Customer has done sufficient research to fully understand what is included in the Services and what is not included in the Services.  Customer agrees to be bound by Company’s Disclaimer which is posted here: footer of company website.
 
PAYMENT.
 
In consideration for the Services provided by Company to Customer, Customer agrees to pay Company a fee of $75.00 (“Fee”).   Customer agrees to make payment via credit card or debit card through payment portal provided (Stripe or PayPal).  Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.
 
Customer shall make payment in full prior to gaining any access to the Services, 
 
COMMUNICATIONS. 
 
[NOTE: only include the paragraphs that apply to your program/product.  If you are selling a digital product with no live or social media  component, delete the entire section and renumber the following sections. Remember to delete all of the green instructions.]
A.  Access to Company.
 
During the Services, Company will be accessible to Customer via email. This includes three emails to each Amy and Melissa  for 90 days. Company will respond as soon as possible, usually within 24 hours and, if there is unexpected delay, Company will inform Customer within a reasonable time period with an update on when Customer can expect a full response.

NON-DISCLOSURE AND CONFIDENTIALITY.
 
Customer understands that the Services include access to Company’s intellectual property, original work, trade secrets and other proprietary information, (“Company’s Information”), including but not limited to documents, worksheets, modules, video recordings, strategies, technical information, verbal guidance, and other unpublished information.  Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use.   Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law. 
 
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
 
INTELLECTUAL PROPERTY.
 
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Services, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.  
 
By purchasing Fit To Forgive: Exploring the Relationship Between Emotions and Movement Customer is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content in the Services, for Customer’s personal benefit only, as directed by Company.  All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.  If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws.  In that event, Company may terminate Customer’s access to the Services, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law. 

TERMINATION.

Customer may terminate and discontinue the Services at any time, for any reason, by providing notice to Company in writing, subject to the terms of this Agreement, but no portion of payments already made will be refunded.  If a payment plan has been elected. 

If Company is unable to provide Services as outlined above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase.  If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Services, at Company’s discretion. 
 
REFUND POLICY.

Company’s refund policy is as follows: 
 
All purchases are non-refundable.
 
Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy. 
 
Customer further understands that if Customer cannot participate in the Services, all payments are still due under these Terms of Use.  Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to the Services.
 
TESTIMONIALS.
  
Company may request Customer to provide a testimonial on the Services.  Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
 
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion.  Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial.  Customer agrees to sign a Testimonial Release if requested by Company.
   
NO GUARANTEES, NO WARRANTIES.
  
Customer is participating in the Services voluntarily and understands that Company makes no guarantees regarding Customer’s results with the Services. 
 
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Services.  Customer agrees that Company is not responsible if there are errors or omissions in the Services.
 
The Services are provided “as is,” and, except for the express warranties in these Terms of Use, are offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement.  Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Services.  The Services are intended for a general audience and are not in any way specific advice tailored to any individual. 
 
Customer acknowledges and agrees that the Services are designed to support Customer in reaching goals, but Customer’s success depends on many factors, including Customer’s motivation, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile, etc..  Customer understands that these factors will impact Customer’s results.  Customer acknowledges the Services offer guidance, direction and program materials but do not actually implement anything for Customer.  Customer is responsible for producing all results.

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY
REFERENCE.
 
Nothing in the Services is intended to constitute or should be relied upon as medical, mental health, financial, business or legal advice.  Melissa Ebken, Light Life and Love Ministries™ provides spiritual and self-improvement information and education.  Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Services is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. 
 
Company is providing services only in the capacity as a lifestyle coach and not as a licensed medical professional, licensed mental health professional or licensed business professional.  Nothing in the Services is intended to be a substitute for consultation with a licensed medical professional, licensed mental health professional or licensed business professional.  Customer is encouraged to consult with a licensed medical professional, licensed mental health professional or licensed business professional to review and advise Customer on Customer’s specific situation.
 
Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at the footer of company’s main website, which is incorporated here.
 
ASSUMPTION OF RISK.
 
Customer is entering into this Purchase voluntarily at Customer’s own free will.  Customer understands that the Services may include participation in lifestyle strategies including diet, exercise, movement elements or financial, business or career strategies, which include inherent risks of harm, illness, injury and other negative results.   Customer confirms that during participation in the Services, Customer will always have the opportunity to consult with a licensed medical professional, mental health professional or licensed business professional before acting on any content in the Services.  If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Services, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.
 
LIMITED LIABILITY, INDEMNIFICATION.
 
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from the Services or these Terms of Use, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law.  In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to the Services or these Terms of Use.

GOVERNANCE.
 
These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Illinois as applied to contracts that are executed and performed entirely in Illinois, regardless of Customer’s location.  The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Sangamon County, Illinois.
 
DISPUTE RESOLUTION, LITIGATION EXPENSES.
    
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Sangamon County, Illinois.  Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law.  Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
 
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company.  NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.
 
If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
 
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS,
SEVERABILITY, ASSIGNMENT.
 
Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals.  Customer understands that any expectation regarding the Services, which is not specifically included in these Terms of Use is not included in the Purchase. 
 
Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.
 
Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party. 

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.
  
NOTICE.

All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent via the US mail, addressed as follows:
 
Melissa Ebken, Light Life and Love Ministries™
P.O. Box 414
Illiopolis, IL 62539
Phone number:
Mailing address:
 

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