Survive and Thrive Introductory Offer Agreement

In summary, this agreement is pretty much standard for this type of program and is intended to protect both you and I.

It states:

Please read the following information carefully and let us know if you have any questions before checking the box. 
By checking the “I agree to the terms and conditions" box you agree to all of the terms of the Survive and Thrive Introductory Offer Program, Agreement, you acknowledge that you have read, understand, agree to and accept all of the terms in this Agreement. Checking the box prior to having access to purchasing this Agreement, is permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to checking the box, and your checking the box indicates that you are in agreement with all of the terms of this Agreement. Breast Cancer Conqueror, LLC acknowledges that we have read, understand, agree to and accept all of the terms in this Agreement. This Agreement is being made between Breast Cancer Conqueror, LLC, of 100 N. Howard St. Suite W Spokane, WA 99201 ("Program Facilitator", “Event Facilitator” or “me” or “I” or “my” or “us” or “our” or “we” or “Facilitator) and the you (“attendee” or “you” or “your”). We both legally agree to the following: 

You will be enrolled in the Program upon:

• Checking that you agree to this agreement
• Payment in full 

Your Program (“Program or “Event”) will include:

• The Moment Your Life Changed - Your Diagnosis
• Heal Your Emotional Wounds (Essential #4)
• In-depth interview with Dr. Nasha Winters
• Interview with Tara Coyote

What you will need to access the sessions.

• Desktop computer, laptop, tablet or smartphone with an internet connection

Investment and Payment:   Your investment will be $17.

Payment Authorization and Receipt:  If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Event without any additional authorization, and you will receive an electronic receipt.  If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Event will be put on hold until payment is made.

Refund Policy

• You may request a 100% refund..

Intellectual Property Rights.

The Event Facilitator retains all ownership rights to the materials provided to you through your program purchase. Any copyrighted and original materials shall be provided to you for your individual use only and with a single-user license. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received at or in relation to the Event electronically or otherwise without the Program Facilitator’s prior written consent. All intellectual property, including the copyrighted Event materials, shall remain the Event Facilitator’s sole property and no license to sell or distribute any materials is granted or implied. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program content, including any of the Program materials.

Consent, Release, Waiver, and Disclaimer.

By enrolling in this Program, you hereby agree to the following:

• You voluntarily desire to participate in the Program and you take full and sole responsibility for your life and well-being and all decisions made before, during and after the Event.
• You understand that the information provided at or in conjunction with the Program Activities and Event is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, therapist, licensed dietitian or nutritionist, or any other licensed or registered mental or physical health care professional. You understand that the Event Facilitator is not acting in any capacity as a medical or mental health care provider. You understand that the Event Facilitator is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body during the course of the Event. Rather, the Event Facilitator is serving in her capacity as a Event Facilitator, guide, educator, and mentor.
• You agree to seek the advice of your physician or another qualified health care professional prior to and during the Event regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food or other allergies or sensitivities, dietary restrictions, or any medications you are currently taking.  You understand that you are advised to speak with your own physician or mental health provider before attending the Event or implementing any Program Activities. You agree to not disregard or delay seeking professional medical advice or stop taking any medications without speaking to your own physician or mental health care professional.
• You acknowledge that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use or non-use, of any information provided before, during or after the Event, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from the Program Activities and Event to your life, family or business. You fully agree that there are no guarantees as to the specific outcome or results that you can expect from using the information you receive on or through the Program Activities and Event, including no guarantees that you will have any other specific result.

Limitation of Liability, Indemnification & Release of Claims

By attending and/or participating in the Program Activities and Event, you agree to absolve the Event Facilitator of any damage, liability or loss that you, or any other person, may incur from use of the information, products or materials that you receive before, during or after the Event and Program Activities. You agree that the Event Facilitator will not be liable to you, your family, dependents or heirs, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your participation in or reliance on the Program Activities or Event, 

You agree now that you fully and completely hold harmless, indemnify and release the Event Facilitator and any of the Event Facilitator’s agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the Event Facilitator’s businesses from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that were to arise in the past, present or future by you, your family or heirs, your business or company, or any other third party or entity for any action, default or omission in any way related to the Program Activities and Event.

In no event will the Event Facilitator be liable to you or to any party for any direct, indirect, special, incidental or consequential damages for any use of, non-use, or reliance on this Event, the Program Activities, or its information, programs and/or services, including, without limitation, personal injuries, accidents, misapplication of information, or any other loss, malady, disease or difficulty, or otherwise, even if you are expressly advised of the possibility of such damages or difficulties, whether caused by the fault of you, the Event Facilitator, other attendees, other third parties, a force majeure, or any other act or circumstance outside of the control of the Event Facilitator.

Other Important Terms

Notice:  All correspondence or notice required regarding the Event or this Agreement shall be made to me at Brian@BreastCancerConqueror.com and to you at the e-mail address provided with your billing information. Should your e-mail address or contact information change at any time throughout the course of the Program, it is your responsibility to provide your new contact information to me within 7 days of any such change.

Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time if the amendment is made in writing and is signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else. The failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the right to later enforce and compel strict compliance with every part of this Agreement.  In the event that any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining portions of the Agreement which shall be severed and remain in full force.

Governing Law:  This Agreement shall be construed according to the laws of the County of Spokane in the State of Washington

Dispute Resolution:  It is hoped that should we ever have any differences, we could be able to work them out through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must submit your complaint to me with full details about your dissatisfaction via e-mail to me at my e-mail address below. 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 award of consequential or of any other type of damages may be granted to you. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Spokane County in the State of Washington and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

Non-Disparagement:  In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including social media, designed to disparage the Program or me, including the Thrive and Survive Event, Breast Cancer Conqueror and my business. 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.