FITNESS PROGRAM TERMS AND CONDITIONS
TERMS & CONDITIONS FOR ACCESS TO SYNAPTIC PHYSICAL THERAPY, INC. FITNESS, WELLNESS, AND/OR COACHING PROGRAMS, INCLUDING ANY FITNESS, WELLNESS, AND/OR COACHING PROGRAMS THROUGH THE PARKINSON’S FITNESS ACADEMY.
Effective date: January 5, 2022
Synaptic Physical Therapy, Inc. and its subsidiaries and affiliates (collectively the “Company,” “we,” or “us”) welcome you. Please READ carefully. Your access and use of this Site (defined below) and Program (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. The Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.
Thank you for using a Fitness, Wellness, or Coaching Program (“Program”) from Synaptic Physical Therapy, Inc. All sales are final for this Program. By clicking “Buy Now,” “Sign Up,” “Pay Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, otherwise rendering payment (either in full or partial) for the Program for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with the Program created by the Company and/or Theresa Najjar (“Owner”) in her capacity as Owner of the Company, and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”). If you are using a free Program by using a link, using a Meeting ID and/or Password, clicking “Sign Up,” “Join Now,” “Join Meeting,” or any other phrase on the button giving access to the Program for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with the Program created by the Company and/or Theresa Najjar (“Owner”) in her capacity as Owner of the Company, and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
SECTION 1. INTRODUCTION
Synaptic Physical Therapy, Inc. (“Company”) is a company incorporated in California, USA, which provides physical therapy, wellness, fitness, coaching, mentoring, consulting, and educational programs (“Services”). These Services are further defined in our Site Terms and Conditions (https://www.pdfitnessacademy.com/pages/terms). The Company has created this Program to provide the Client with fitness, wellness, and/or coaching Services. "Fitness,” “Wellness,” and "Coaching" are Services designed to optimize your overall health or meet your individual health, fitness, lifestyle, and educational goals but are not medically necessary. You accept responsibility for obtaining medical clearance from your physician or other health care providers prior to participating in the Program, especially if you have any medical problems that impair or limit your ability to exercise. The Program may include fitness, wellness, coaching, educational materials, and lectures which may be delivered online or face-to-face in a synchronous, asynchronous, or hybrid format. The Program is designed for fitness, wellness, and coaching purposes only and is not intended to provide a medical diagnosis, substitute for medical advice, or teach medically necessary interventions such as physical therapy. If during the course of our wellness, fitness, or coaching services with you, you have specific complaints of pain or have a medical condition that requires a more specific therapeutic exercise prescription or intervention, we recommend that you see a licensed physical therapist or your physician for an examination. If you require physical therapy treatment, we can provide those services to you or refer you to another physical therapist who is in-network with your insurance plan.
The material appearing on the websites www.synapticpt.com and www.pdfitnessacademy.com (the "Site"), is provided as either information about the Company's events, people, Services, or stories as a platform for online connection and community. The owner of this Site (the Company) and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction the Client takes based on the information found on or material linked to on this Site. Any information by or on the Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, the Client accepts and agrees that following any information or recommendations provided therein is at your own risk.
SECTION 2. DISCLAIMERS
A. Assumption of the Risk
If any part of the Program includes general exercise/fitness instruction and advice, the Client should know that there are risks of embarking on an exercise program, such as muscle soreness or injury. Therefore, you understand that your participation in our Program is at your own risk. Prior to participating in our Program, you accept responsibility for obtaining medical clearance from your physician or other health care providers, especially if you have any medical problems that impair or limit your ability to exercise. You agree that you are responsible for monitoring your body's response to exercise during the Program. You also agree to sit down if you feel you need to, take breaks when you feel you need to, and perform exercises in a seated position if you are uncertain. You also agree that if you have an onset of any symptoms or pain you will stop immediately and consult your physician.
B. Behavior and Etiquette
You agree to be clean and sober when participating in this Program. You also agree to be kind and courteous and to not participate in hate speech or bullying.
C. Responsibility For Your Own Actions
You acknowledge that you are fully responsible for any actions you do or do not take while interacting with the Program. As a condition of using the Program, you agree you will be fully responsible for any actions or inactions regarding your life, health, or business based on the information you find in the Program. You understand that you may personally consult with a professional before making any significant decisions.
D. No Guarantees
The Company makes NO GUARANTEES about any success that the Client gets from this Program, including if the program is offered free of charge. The Client understands that the Program has been designed by the Company for general fitness, wellness, and coaching purposes only, with the goal of optimizing the Client’s overall health or meeting the Client’s individual health, fitness, lifestyle, and educational goals. The client also understands that the Program is not a medically necessary service. Through the Program, the Company might provide guidance regarding fitness or wellness exercises, approaches, modifications, or techniques, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision about which fitness or wellness exercises, approaches, modifications, or techniques to participate in for themselves. By using this Program, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. The Client agrees that the Company will not be held liable for any damages of any kind resulting from or arising from the use or misuse of the Program. The Client agrees that the use of this Program is at the Client’s own risk.
The Client hereby acknowledges that Client is solely responsible for the outcome of implementing any content, instruction, or advice provided by the Program. The Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide the Client with specific results. The client also agrees that the Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.
Ultimately, the Company will not be responsible or make any promises for what will happen in the Client’s life and health. Even if the Client has worked with us as a Client before and achieved certain results, we make no guarantee that those results will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
E. Scope of Services
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of the Client’s business. The Client understands that the Program is created to help the Client optimize their overall health or meet their health, fitness, lifestyle, and educational goals but is not medically necessary. The Program may offer guidance regarding fitness and/or wellness, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.
This Program does not include:
- Individualized advice and feedback;
- Life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy;
- Medical advice or treatment;
- Rehabilitation services in the form of physical therapy, occupational therapy, or speech therapy;
- Legal or financial advice;
- Health insurance or medical billing advice;
- Publicity, public relations, and/or social media marketing services;
- Introduction to Company’s professional network and business relationships
The Client hereby acknowledges that the Program is by no means complete or exhaustive and is not intended to represent the best or only information, methods, exercises, or skills appropriate for the situations discussed. Rather, the Program is intended to present an approach, view, statement, or opinion of the Company, authors, or presenters which may be helpful or of interest to the Client.
F. Delivery of Program
This Program may be distributed by the Company either directly or through a third-party platform. The Company reserves the right to substitute services equal to or comparable to the value of the Program if reasonably required by the prevailing circumstances as determined by the Company. Access to the Program is currently through third-party platforms including Zoom Video Communications, Inc. (“Zoom”), SignUpGenius, Inc. (“SignUpGenius”), Patreon, and Kajabi, LLC. (“Kajabi”). The Company is not liable for any limitation of access to the Program caused by these or any other third-party used to assist the Company with the delivery of this Program to Client.
G. Online Services
This Program may be available over the internet (for instance, through Zoom, Kajabi, Patreon, or other applications). When receiving Services including the Program over the internet, you are responsible for maintaining your safety and the safety of your environment (for instance, clearing your space of trip hazards, removing throw rugs, wearing proper footwear, holding onto a chair, sitting, and/or standing near a wall if you have trouble with balance, having another person standing by).
H. Privacy and Security
I. Advice and Well Being Disclaimer
Synaptic Physical Therapy, Inc. ("we" or "us") makes every effort to ensure accurate representation of the various injuries, conditions, advice, educational content, and prognosis displayed throughout the Site, our Services, the Program, social media, and emails. The content on the Site, our Services, the Program, social media, and emails are for informational, educational, and entertainment purposes only. The information given is not intended as representation of every individual’s injury or health condition. The information contained on the Site, our Services, the Program, social media, and emails will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should seek the advice and examination of your registered physician or practitioner as determined by your own judgment. You understand that the information contained on the Site, our Services, the Program, social media, and emails is not a substitute for health care, medical or nutritional advice of any kind, legal advice, financial advice, education provided by postsecondary education institutions, or education provided by accredited institutions offering professional certifications. As with any injury or health condition, each person’s symptoms can vary widely and each person’s recovery can vary depending upon background, genetics, previous medical history, application of exercises, posture, motivation to follow medical advice, and various other factors. It is impossible to give a 100% complete accurate assessment and prognosis without a thorough physical examination and likewise the advice given for management of an injury or health condition cannot be deemed fully accurate in the absence of this examination from a licensed physical therapist or physician. Significant injury risk is possible if you do not follow due diligence and seek suitable professional advice about your injury or health condition. You understand and agree that you are fully responsible for your mental and physical well-being, including your exercise, dietary, mental, and physical choices and decisions. You agree to seek medical advice as determined by your own judgment before taking any action in connection to the information contained on the Site, our Services, the Program, social media, and emails or discontinuing use of any medications as prescribed by your medical practitioner. We shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material which is provided "as is" and without warranties. No guarantees of specific results are expressly made or implied by us or the Site.
SECTION 3. INTELLECTUAL PROPERTY
United States of America copyright laws protect all materials created by the Owner or Company on the Site and within the Program as original works. All materials belong to the Owner and/or the Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by the Company. Other examples of intellectual property owned by the Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid and free products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License
If the Company provides Intellectual Property on the Site and/or within the Program that the Client can download, a revocable, non-exclusive license is granted for the Client to download copies of the materials for personal, non-commercial transitory viewing only. The Company grants only a limited, personal, non-exclusive, and non-transferable license to Customer to use the Intellectual Property for the Customer’s personal use.
Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. The Client acknowledges that their purchase of this Program is for their single individual use. The Client shall not copy, publish, reproduce, translate, transmit, transfer, modify, alter, edit, create derivative works from, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
This is the grant of a license, not a transfer of title, and under this license the Client shall not:
- Modify or copy the Intellectual Property;
- Use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
- Share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.
If the Client is also a business owner or professional in a similar industry, the Client shall not misappropriate any of the Company’s Intellectual Property and proprietary information in the following manner:
- Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by the Company and passing it off as the Client’s own;
- Copying any of the Company’s Program content and/or material for the Client’s commercial use;
- Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
C. Infringement of Intellectual Property
This license shall automatically and immediately terminate if the Client violates any of the restrictions regarding the Company’s Intellectual Property. Upon the Company’s suspicion that Client violates any of the above Intellectual Property restrictions, the Client’s access may be terminated by the Company at any time.
Suspicion includes, but is not limited to:
- Identification of Client content that is based on the Company’s proprietary framework;
- Identification of Client content that is almost identical and/or confusingly similar to the Company’s content;
- Notice from third-party of confusingly similar content between Client and Company
Upon terminating the Client’s license, the Client must destroy any downloaded materials in the Client’s possession whether in electronic or printed format.
In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to the Company, the Company reserves the right to:
- Immediately remove the Client’s access to the Program;
- Investigate the Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
- Block the Client from accessing future programs or content belonging to Company;
- Recover all funds expended on investigating the Client’s infringement of the Company’s Intellectual Property, including (and especially) legal fees, administrative costs for the Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement
If the Company discovers that the Client has illegally misappropriated or used any of the Intellectual Property the Client was granted access to, the Client will be blocked from any future programs, the Company will seek any extent of legal remedies, and the Client will be required to cover all legal fees necessary to enforce these rights.
SECTION 4: PROGRAM OVERVIEW
A. Fitness, Wellness, and Coaching Classes
For fitness, wellness, and coaching classes, Program Clients sign up in advance for an individual class or a series of classes to take place on a specific date and time. The class(es) may be delivered online or face-to-face in a synchronous, asynchronous, or hybrid format. If the class requires payment, payment is due at the time the client signs up for the Program (see also Section 8: Payments). The description of each class, including the class level (see below), price, and equipment are found on the Site. Prior to participating in our Program, the Client accepts responsibility for obtaining medical clearance from their physician or other health care providers, especially if they have any medical problems that impair or limit their ability to exercise.
B. Third-Party Collaboration
C. VIP Fitness Membership (On-Demand Video Subscription Service)
The VIP Fitness Membership Program is an on-demand video subscription service that includes an on-demand video library of recorded fitness, wellness, and/or coaching classes. The class level (see below) will be indicated in the video title and/or located in the video description. Prior to participating in our Program, the Client accepts responsibility for obtaining medical clearance from their physician or other health care providers, especially if they have any medical problems that impair or limit their ability to exercise. Clients are charged the day they sign up for the Program and then on the 1st of every month after that. The Client’s first payment grants them access to the backlog of on-demand videos. Each 1st of the month charge gives the Client access to the on-demand video library for that month. For example, a Client’s January 1st payment gives them access throughout January. (See also Section 8: Payments)
D. Class Levels (Exercise Intensity)
The exercise intensity of Fitness, Wellness, and Coaching Programs are designated as follows:
- Purple Level - Purple Level workouts are moderate-intensity workouts that may include but are not limited to exercises lying on the back, lying on the stomach, on all 4’s, in sitting, and in standing. The Client needs an exercise mat and a study chair for these workouts. Yoga blocks, pillows, and bolsters are optional. To participate in Purple Level workouts, the Client must be able to safely tolerate moderate-intensity exercise and get safely down and up from the floor by themselves or by holding onto a chair. Purple Level workouts are designed to be easily modifiable by Clients who do not want to get down on the floor.
- Green Level - Green Level workouts are moderate- to vigorous-intensity workouts that may include but are not limited to exercises lying on the back, lying on the stomach, on all 4’s, in sitting, and in standing plus more challenging positions like plank and crab. Green Level workouts may also include flexibility, agility, balance, and dual-task exercises, for example flowing multiple movement sequences together or doing two things at the same time. The Client needs an exercise mat and a sturdy chair for these workouts. Yoga blocks, straps, pillows, bolsters, blankets, and weights are optional. To participate in a Green Level workout, the Client must be able to:
- Walk safely at least 15 minutes without rest breaks/stops, without loss of balance, and without an assistive device (cane, walker, etc.);
- Get safely down and up from the floor by themselves or by holding onto a chair.
- Safely tolerate vigorous-intensity exercise
- Blue Level - Blue Level workouts are vigorous-intensity workouts that may include but are not limited to high-intensity interval training, vigorous-intensity cardiovascular activities, agility, balance, dual-task, strength, and flexibility. Exercises may include but are not limited to exercises lying on the back, lying on the stomach, on all 4’s, in sitting, and in standing plus more challenging positions like plank and crab. The Client needs an exercise mat and a sturdy chair. Yoga blocks, straps, pillows, bolsters, blankets, and weights are optional. To participate in a Blue Level workout, the Client must be able to:
- Walk safely for 25 minutes without rest breaks/stopping, without loss of balance, and without an assistive device (cane, walker, etc.);
- Get down and up from the floor safely by themselves or by holding onto a chair;
- Safely tolerate vigorous-intensity exercise
Prior to participating in the Program, the Client accepts responsibility for obtaining medical clearance from their physician or other health care providers, especially if they have any medical problems that impair or limit their ability to exercise. The Client is responsible for determining if the Program is appropriate for their current health, fitness, lifestyle, and educational goals. If the Client is uncertain that the Program is appropriate for the Client’s health, fitness, lifestyle, and educational goals, the Client shall contact the Company at [email protected] and await a response from the Company before participating in the Program.
SECTION 5. CLIENT’S RESPONSIBILITIES
The Program has been developed for general fitness, wellness, and/or coaching purposes only. The Company has established this proprietary Program in order designed to inspire the Client to optimize their overall health and pursue their individual health, fitness, lifestyle, and educational goals. However, the Client hereby acknowledges that the Company does not guarantee the Client’s goals, whatever the goals may be, will be reached by completing and implementing the information, advice, exercises, and techniques in the Program. The Client accepts and agrees that the Client is 100% responsible for their results from the Program. The Client acknowledges that, as with any investment, there is an inherent associated risk. As such, the Client agrees there is no guarantee that the Client will attain their goals by simply completing the Program.
Nevertheless, the Client acknowledges that they can optimize their potential results from the Program by adhering to the following:
- The Client accepts responsibility for obtaining medical clearance from their physician or other health care providers, especially if they have any medical problems that impair or limit their ability to exercise;
- If the Client is uncertain that the Program is appropriate for the Client’s health, fitness, lifestyle, and educational goals, the Client shall contact the Company at [email protected] and await a response from the Company before participating in the Program;
- If during the course of the Program, the client has specific complaints of any symptoms or pain or has a medical condition that requires a more specific therapeutic exercise prescription or intervention, the client will see a licensed physical therapist or physician for an examination;
- The Client is responsible for monitoring their body's response to exercise during the Program and will sit down or stop exercising if they feel they need to, take breaks when they feel they need to, modify exercises if they feel they need to, and perform exercises in a seated position if they are uncertain;
- The Client is responsible for maintaining their safety and the safety of their environment (for instance, clearing the space of trip hazards, removing throw rugs, wearing proper footwear, holding onto a chair, sitting, and/or standing near a wall if they have trouble with balance, having another person standing by);
- The client will take 100% responsibility for the Client’s results, 100% of the time.
SECTION 6. INDEMNIFICATION
A. Limitation of Liability and Indemnity
As a condition of your use of the Site and/or Program, the Client hereby indemnifies the Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees), and damages arising out of claims resulting or arising from your use of this Site and/or Program. In no event shall the Company or its agents 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 view or use the materials or content on the Site and/or Program, even if the Company has been notified orally or in writing of the possibility of such damage.
B. Client Decisions
The Client hereby acknowledges that the Company is not liable for any injuries that may arise from the Client’s actions, omissions, or decisions based on the Client’s participation in this Program or use of this Program, including but not limited to: A decision to perform an exercise or a series of exercises; a decision to implement or change a health, diet, or wellness behavior, activity, or routine; a decision to modify information, advice, exercises, and/or techniques provided in the Program; any of the Client’s health, body, lifestyle, mind, fitness, or wellness decisions. The Client hereby agrees to indemnify and hold harmless the Company of any claims that may arise after use of this Program.
C. Links to Third Party Websites
This Site or Program may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages the Client may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. The Company provides these links to improve the Client’s use of the Program, enable the Client to connect with the Company and Owner on various platforms and help Company offer the most accessible services for the Client and conduct transactions.
SECTION 7. CONFIDENTIALITY
A. Confidential Information & Non-Disclosure
The Company takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
- Any handouts, techniques, systems, guidelines, frameworks, sequences, processes or steps shared with the Client;
- Any information disclosed in association with this Agreement;
- Any handouts, techniques, systems, guidelines, frameworks, sequences, processes, or trade secrets in connection with the Program or the Company’s business practices.
The Company also agrees to protect the Client’s personally identifiable information. However, from time to time, the Company may use general statements about the Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, the Client agrees to allow the Company to share the Client’s success stories as testimonials in any matter across any media at the sole discretion of the Company.
By signing up for the Program, the Client grants the Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram or other social media platforms, public posts or posts inside our student communities/groups, and direct messages with the Company and/or Owner. The Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
The Client agrees, during and/or after use of the Program, to refrain from making any statements, whether oral or in writing, that negatively impact the Company’s program, business, services, products, or reputation.
SECTION 8. PAYMENTS
Upon execution of this Agreement, the Client agrees to pay to the Company the full purchase amount for the Program at the time of checkout. The Client authorizes the Company to charge the credit card or account used at checkout to complete all payment(s) and the Client does not require separate authorization for each payment.
B. Payment Default
If any payments fail, the Client agrees to remedy the situation immediately (ie. update the Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else the Client forfeits their right to access the Program. In the event that a payment is not made, the Company will temporarily suspend access until the payment(s) is caught up.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Company reserves the right to collect any and all monies owed by the Client to the Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
D. Blocklist and Disputed Payments
The Company retains the right to ‘Blocklist’ the Client from accessing all materials, courses, or other products or services Company offers in the event that the Client does not pay the Client’s outstanding balance, dispute the Client’s payments, or if the Client misappropriates any of the Company’s Intellectual Property.
The Client will be removed from the blocklist under the sole discretion of the Company under the conditions that: (1) the outstanding balance has been paid in full and (2) the Client will not be eligible for a refund for the remainder of their course access.
In the event that the Client wants to regain access to the Company’s Program or other content after disputing a payment(s), the Client agrees to pay the transaction fee (ie. charged by third-party Stripe) for each payment previously disputed.
E. Foreign Fees
The Company will not be held accountable for any foreign transaction fees charged by Client’s bank.
SECTION 9. REFUND POLICY
All sales are Final for the Program. Due to the inherent nature of Fitness, Wellness, and Coaching Programs and the electronic transmission of the same, there are no refunds. It is the Client’s responsibility to ensure the Program is the right fit for them and to carefully review our sales page and terms and conditions before purchasing, using, or accessing any of our products and the Program. Please note, we do not offer partial refunds for our Program and any exclusive bonuses or Program extensions are non-refundable under any circumstances.
SECTION 10. MISCELLANEOUS
A. Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of the Company linked to these terms and conditions or contained on this Site constitute the entire Agreement between the Client and the Company relating to the Client’s use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.
B. Headings & Severability
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
D. Governing Law
The Company is located in the state of California in the United States of America and is subject to the applicable laws governing the United States of America. The governing law for this agreement is the laws of California, USA.
E. Maximum Damages
The Client agrees and acknowledges that the maximum amount of damages that the Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
For a paid Program, the Client agrees to accept the above Agreement in its entirety when the Client selects and confirms “I have read, understand, and agree to the Terms and Conditions” at the Program checkout page, and/or by rendering first payment. For a free Program, the Clients agrees to accept the above Agreement in its entirety when the Client accesses the Program in any way, including but not limited to using a link, using a meeting ID and/or password, clicking “Sign Up,” “Join Now,” “Join Meeting,” or any other phrase on the button giving access to the Program.