By registering for EMPOWERED SERVICE™ 1.0, entering your credit card information, submitting a check, making a PayPal payment, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Nancy Ann Chiappe aka Nancy Ann Key (“Instructor”), acting on behalf of Empowered Service (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
(a)Upon execution of this Agreement, electronically, verbally, or otherwise, Instructor agrees to provide services in accordance with EMPOWERED SERVICE™ 1.0 Program.
(b)The scope of services rendered by Instructor pursuant to this contract shall be solely limited to those contained therein and/or provided for on the Empowered Service website as part of the Program.
(c)Instructor reserves the right to substitute services equal to or comparable to the Program for Client/Participants if reasonably required by the prevailing circumstances.
(d)Participants agree to be open, present and prepared to complete the work in accordance with the sequence of the Program. Participants are responsible for their own success and implementation of objectives met.
(e)Client/Participants are aware that Instructor does not solve medical issues nor treat disease and is therefore not a replacement for Participants’ Doctors, Therapists or Physicians.
(f)The Program includes the following:
Two 90-minute virtual live sessions attended by all Participants in a given group
Access for all Participants to guided self-study course via the Empowered Service Online Learning Platform
Three weeks of online course content arriving in three 7-day increments, beginning at agreed-upon start date
Continued access for all Participants to Online Learning Program for as long as Program exists in its current form
Participants agree to be open-minded to Instructor’s teaching methods and partake in methods proposed. Client/Participants understand that Instructor has made no guarantees as to the outcome of the coursework or Program. Instructor may revise methods or parts of the Program based on the needs of the Client.
By participating in this Program, Client/Participants acknowledge that Instructor is not a medical doctor or psychologist. Client/Participants acknowledge that Instructor is not medically qualified, is not a substitute for advice from a qualified doctor, does not warrant the accuracy of any information provided, is not liable for any losses Client/Participants may suffer by relying on Instructor’s guidance.
By participating in Program, Client/Participants acknowledge that the information provided in Program is not intended nor implied to be a substitute for medical advice.
4. PAYMENT AND REFUND POLICY.
(a)Upon execution of this Agreement, Client agrees to pay Empowered Service the full purchase price of the EMPOWERED SERVICE™ 1.0 Program, as agreed upon and invoiced in accordance with per-participant course fees.
(b) Empowered Service does not offer refunds. If an unforeseen circumstance occurs that causes Client/Participants to discontinue the program, Instructor may decide to partially refund at her discretion.
5. INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for Client as part of this Agreement, Empowered Service maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Empowered Service to the Client/Participants, nor grant any right or license other than those stated in this Agreement.
6. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
7. DISCLAIMER OF WARRANTIES.
The information, education, and coaching provided to Client/Participants by Instructor under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY.
By using Empowered Service services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Instructor will not be held liable for any damages of any kind resulting or arising from such transaction, including, but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at users’ own risk.
9. DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
11. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.