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BY CLICKING ON THE ACCEPTANCE BOX, SIGNING THIS AGREEMENT AND/OR USING THE PROGRAM MATERIALS OR ACCESSING THE YEAR OF MIRACLES WEBSITE (“Site”), YOU (“Program Participant”) AGREE TO THE PROGRAM AND SITE TERMS AND CONDITIONS, AS MORE FULLY SET FORTH IN THIS AGREEMENT WITH YOUR YEAR OF MIRACLES, LLC AND THE SITE’S TERMS OF USE. YOUR CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT AND TERMS OF USE ARE CONDITIONS PRECEDENT TO YOUR RIGHT TO USE THE PROGRAM MATERIALS AND THE SITE.
This AGREEMENT (the “Agreement”) is made between the Your Year of Miracles, LLC. (“YOM”) and Site User (“Program Participant”). YOM and Program Participant are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” WHEREAS, YOM has launched the The Path of Self-Love and Instant Self-Love Intention Card Deck (the “Educational Program”) to provide educational opportunities for women and men 18 years or older; WHEREAS, Program Participant desires to participate in the Educational Program; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, YOM and Program Participant hereby agree as follows:
1. Waiver and Release. Program Participant hereby releases, waives, discharges and covenants not to sue YOM and its directors, officers, servants, agents, personnel, contractors, volunteers or employees (collectively, the “Released Party”) from any and all actual or alleged liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Program Participant, or any of the property belonging to Program Participant, arising out of or incident to any acts, omissions, negligence, or willful misconduct of other Program Participants or the Released Party, or otherwise, while participating in the Educational Program.
2. Assumption of Risks. Program Participant is fully aware of the risks involved with the Educational Program, including but not limited to, another Program Participant’s negligence, omissions or willful misconduct, and hereby elects to voluntarily participate in the Program Program with full knowledge of any such risks. Program Participant voluntarily assumes full responsibility for any risk of loss, property damage or personal injury that may be sustained by the Program Participant, or any loss or damage to property owned by Program Participant, as a result of being engaged in the Educational Program.
3. Indemnification. Program Participant hereby agrees to indemnify and hold harmless the Released Party from any loss, liability, damage or costs, including court costs and attorney fees, that the Released Party may incur due to or caused by Program Participant’s participation in the Educational Program, even if caused by the negligence of the Released Party.
4. Not a Substitute for Counseling and Medical Advice and Treatment. Program Participant agrees to not use the Educational Program as a substitute for counseling, psychotherapy, medical advice, medical treatment, substance abuse treatment or otherwise. Program Participant acknowledges that the Educational Program is not being provided by a licensed medical and/or mental health professional. Program Participant represents that if Program Participant is currently in therapy of any type and/or under the care of a mental health professional that Program Participant has consulted with that professional regarding the advisability and appropriateness of Program Participant participating in the Educational Program.
5. No Warranties and Representations; and Limited Guarantee. PROGRAM PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT YOM MAKES NO GUARANTEES AND FURTHER, YOM DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM PARTICIPATION IN THE EDUCATIONAL PROGRAM, AND, IN ADDITION, YOM MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO ANY BENEFITS, IMPROVEMENTS OR SUCCESS IN PROGRAM PARTICIPANT’S LIFE RESULTING FROM THE EDUCATIONAL PROGRAM AND/OR ANY ACTIONS TAKEN AS A RESULT OF OR IN CONNECTION WITH THE EDUCATIONAL PROGRAM. FURTHER, DUE TO THE DIGITAL NATURE OF THE CONTENT AND BECAUSE PROGRAM PARTICIPANT RECEIVES INSTANT ACCESS TO ALL MATERIALS, THE EDUCATIONAL PROGRAM IS NON-REFUNDABLE.
6. General Release of Unknown or Unanticipated Results. Program Participant does hereby assume the risks set forth in this Agreement, including without limitation, the risks set forth in Paragraphs 1, 2, 3, 4 and 5, and Program Participant agrees that Program Participant’s releases and waivers set forth in this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences of the Educational Program, as well as those known and anticipated, and, Program Participant does hereby knowingly and expressly waive any and all rights and protections under California Civil Code Section 1542, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TH TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”, or any similar law, rule or provision of any jurisdiction pertaining to the matters released in this Agreement.
7. Program Participant Representations. In using this site, Program Participant acknowledges and represents that:
- Program Participant has read the foregoing Agreement, understands it and signs it voluntarily as Program Participant’s own free act and deed.
- No oral representations, statements, or inducements, apart from the foregoing written agreement have been made.
- Program Participant is at least eighteen (18) years of age and fully competent; provided, however that people under the age of 18 may participate with parental approval.
- Program Participant executes this Agreement for full, adequate and complete consideration fully intending to be bound by same.
8. Termination. Program Participant agrees that YOM may, in its sole discretion, limit, suspend or terminate Program Participant’s participation in the Mentoring Program without refund or forgiveness of monthly payments if Program Participant becomes disruptive or difficult to work with, if Program Participant fails to follow the Educational Program guidelines, or if Program Participant impairs the participation of instructors or participants in the Educational Program.
9. Insurance. Program Participant understands that YOM does not maintain any insurance policy covering any circumstance arising from Program Participant’s participation in the Educational Program or any activity associated with or facilitating that participation. Program Participant is aware that he/she should review his/her insurance portfolio.
10. Authority to Enter Agreement. Each Party warrants that the individuals who have used this site and this Agreement have the legal power, right and authority to make the Agreement and bind each respective Party.
11. Binding Authority. It is Program Participant’s express intent that this Agreement shall bind the members of Program Participant’s spouse, family, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue the Released Party on behalf of the Program Participant.
12. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified therein, and supersedes any prior oral or written statements or agreements between the Parties related to the matters herein.
13. Headings. Headings to the paragraphs of this Agreement are inserted only as a matter of convenience and for reference. Such headings in no way define or limit the scope of this Agreement nor the content of any provision of this Agreement.
14. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise.
15. Amendment/Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.
16. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.
17. Refund Policy. Due to the digital nature of the content and because you will have instant access to all materials, we do not offer refunds for this product.