Terms of Service

NETSY’S AUTISM COMMUNITY^TM

PARTICIPANT MEMBERSHIP TERMS OF SERVICE

Please read these Participant Membership Terms of Service (the “Terms”) for the Dr. Netsy’s Autism Community^TM online program carefully. You must agree to these Terms before purchasing, enrolling in, accessing or using the Dr. Netsy’s Autism Community online subscription program (the “Program”), which is owned and operated by Freedom Holistic Care LLC dba Freedom Holistic Consulting (“Company”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by the Company, or on a third-party website such as Kajabi or other online course hosting website or platform. The term “you” refers to any purchaser, user and/or participant of the Program.

By purchasing or using the Program, you accept and agree to these Terms, and you are required to act in accordance with them, whether you have read them or not. If you do not want to agree to these Terms, you must not purchase or use the Program or any portion thereof.

These Terms state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”).

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and shared.

Information and Education Only; Not Medical Advice

This Program is for informational and educational purposes only and is NOT intended as and must not be understood as or relied upon in any way as, medical care or advice, the practice of medicine or nursing, the practice of dietetics, the practice of mental health counseling including, without limitation, psychiatry, psychology, and psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure, or prevent any disease or physical or mental medical condition. You should not rely on information or resources provided in this Program to self-diagnose or self-treat your child.

While Dr. Netsy Mulugeta, DNP is a Doctorally Prepared Nurse Practitioner in the State of Colorado, the Program is only educational, and no medical services are provided through the Program. Information presented in the Program is intended for a general audience and does not purport to be, nor should it be construed as, medical advice for any individual. Your enrollment in the Program, including your access to information provided in the Program or implementation of any information shared in the Program, DOES NOT create a provider-patient relationship between you and Dr. Netsy Mulugeta, DNP.

You should not rely on the Program or Program Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider who is familiar with your child’s individual situation. Do not disregard, avoid, or delay obtaining medical advice from a licensed medical or healthcare professional because of something you have read, viewed, or heard on or in the Program or Program Content. Do not stop any of your child’s medications without consulting your child’s licensed healthcare professional. Always seek the advice of your licensed healthcare provider with any questions you have regarding a medical condition or your child’s health and prior to changing any medications.

Because we expressly recommend that you seek advice from a licensed medical professional who has knowledge of the facts and circumstances of your child’s individual situation, the use of any information provided in the Program is solely at your own risk. Neither the Company nor Dr. Netsy Mulugeta shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation.

Information and statements in the Program regarding dietary supplements and products have not been evaluated by the US Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately qualified healthcare professional familiar with your child’s individual situation for information regarding which supplements may be appropriate for your child. Neither the Company nor Dr. Netsy Mulugeta represent or warrant that any supplement is safe, appropriate, or effective for you.

For the avoidance of doubt, this means that while Dr. Netsy Mulugeta may share information and education about topics such as labs, nutrition, dietary supplements, and lifestyle habits for children with autism, Dr. Netsy Mulugeta is NOT recommending your take any specific supplements or other treatment. You always need to speak to your child’s doctor or licensed healthcare professional about what is right for your child.

Participants

The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using the Program, you represent and warrant that you are at least 18 years old. The Company and Dr. Netsy Mulugeta hereby disclaim all liability for use by individuals under the age of 18.

The Program

The Program is an ongoing monthly subscription program. As a participant in the Program, you will receive:

Access to the Dr. Netsy’s Autism Community Membership Site that includes your course materials including recorded video presentations and downloadable PDF handouts such as grocery and cooking tips.
Weekly Live Group Coaching and Q&A sessions with Dr. Netsy (one each week). Will be recorded and available on the Membership Site for those who cannot attend live.
Access to Dr. Netsy’s Autism Community Members-Only Community Forum

*Dr. Netsy Mulugeta does NOT provide medical advice on or through the group coaching Q&A calls or the Community Forum. Group Coaching Q&A session responses and responses on the Community Forum are solely to provide education and information and are not for medical advice. Dr. Netsy will answer general questions and share her thoughts that you can discuss with your licensed healthcare providers. Group educational calls, coaching Q&A sessions, and Community Forum responses do not create a provider-patient relationship between you and Dr. Netsy Mulugeta.

Your access to weekly calls and the Community Forum will end when your subscription ends.

Program Subscription Fees, Payments, and No Refund Policy
1. Program Subscription Fees and Payment Policies

The monthly subscription fee for access to the Program is $49 per month, and a one-time enrollment fee. It will be charged to your credit card on file on your date of enrollment and then automatically every 30 days thereafter. If you want to cancel your subscription to the Program, you must provide written notice of cancellation at least 14 days prior to your next billing date to [email protected].

Credit Card Authorization: By signing up for the Program, you give the Company authorization to charge your credit card on file for all monthly subscription fees without any additional authorization or notification.

You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe and others. The Company cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.

Declined or Failed Payment: If there is a declined payment, you will receive an e-mail sent immediately upon decline with a one-day deadline to make payment. If there is still no payment after one day, you will receive an e-mail alerting you that your access to the Program has been discontinued until the account is brought up to date. At this point, you will not be granted access to any Program Content until payment is received, and we reserve the right to terminate your access to the Program and all Program Content immediately and permanently; this includes access to the membership site, the Community Forum, e-mail communications, group educational calls and Q&A sessions, or any other method of communications related to the Program.

No Refund Policy

Your satisfaction with the Program is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, we have a NO REFUND policy. After your credit card is charged, NO refunds will be provided at any time and NO exceptions will be made. If you want to end your subscription, you must provide written notice of cancellation at least 14 days prior to your next billing date to [email protected].

Since there is a clear and explicit No Refund Policy in these Terms that you agree to prior to completing your purchase of the Program, the Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. In the event that a chargeback is placed on a purchase, or the Company receives a chargeback threat during or after your purchase, the Company reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.

Intellectual Property Rights
1. Ownership of Program Content and Dr. Netsy Mulugeta’s and Company’s Limited License to You

The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Company or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms.

When you purchase the Program or view or access any Program Content, the Company and Dr. Netsy Mulugeta are granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.

You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.

This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money.

Furthermore, you may not hypertext, frame, or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Dr. Netsy Mulugeta, the owner of the Company.

You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still the Company’s and Dr. Netsy Mulugeta’s property.

Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to the Company unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Netsy Mulugeta’s express written permission.

All rights not expressly granted in these Terms or any express written license, are reserved by Company.

Unauthorized Use and Infringement of Program Content

You understand and agree that your use of the Program Content other than as expressly authorized in these Terms or by a separate written consent or assignment of Company, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense and Company reserves the right to prosecute for theft and to enforce Company’ rights to the full extent of the law.

You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

Materials Provided By You – Your License to the Company; Use in Testimonials and Marketing.

When you voluntarily share any testimonials whether by video or in writing or complete any feedback forms provided by the Company to share your testimonial of participating in the Program (each “your Testimonial”or collectively “your Testimonials”), you are granting the Company permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, and/or publicly perform or display your Testimonial, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for the Company’s marketing, advertising or promotional efforts without any further permission from you or compensation by the Company to you. You understand that this may be on social media platforms and the internet.

Please Note: All group calls (educational sessions and group coaching Q&A sessions) will be recorded so that participants who cannot attend live can watch the recording at a later time. PLEASE DO NOT SHOW YOUR FACE OR IMAGE IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR FACE/IMAGE RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO NOT WANT RECORDED OR RE-DISTRIBUTED TO OTHERS.

Your Conduct in the Program and Community Forum

This Program includes a Community Forum for participants to support one another and share their experiences as they go through the Program. Please note that Dr. Netsy Mulugeta DOES NOT monitor the Community Forum, or any posts, comments, or material submitted by participants at all times. The views and comments of any participants on the Community Forum do not necessarily reflect those of the Company or Dr. Netsy Mulugeta and may not be appropriate or correct.

Please do not recommend dosages or treatments to other participants. Please be cautious when taking advice from other participants. Always consult your child’s licensed healthcare provider.

The Company is not responsible for and specifically disclaims any and all liability arising from or relating to your use of any information posted on the Community Forum by other participants. The Company also reserves the right to delete any comments in the Community Forum that are inappropriate or disrespectful in our sole discretion.

Participant Conduct: We strive to create a safe space for all participants in our Program. All comments must be respectful. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. Bullying or other comments that makes other users of the Program feel poorly will not be tolerated. You are not permitted to use the Community Forum to solicit business from or collect data from other group members (including their names and contact information). You may not copy, screenshot, or share posts from participants on the Community Forum with anyone or on any other site at any time.

The Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Confidentiality and Privacy

Please review our Privacy Policy for how your information is handled as well as your rights around such information.

The Program may come with access to the Community Forum for participants of the Program. Please carefully choose the information you voluntarily share for viewing by others in the Program, including any online live Q&A sessions and the Community Forum, as anything you share also can be seen, collected, and used others, and become public. Any personal information you voluntarily share as part of your participation in the Program, whether in the Community Forum or in any live calls, or any other method of communications related to the Program and Program Content, is done at your own risk. The Company cannot guarantee your privacy for what you voluntarily share, and the Company is not responsible for any unauthorized use by others of such information that you voluntarily share.

When you enroll in the Program, the Company may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”). By providing such Confidential Information to the Company, you grant the Company permission to use and store such information. In turn, the Company will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that the Company may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on the Company, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public.

9. Accessing the Program; Username and Password

During the registration process for the Program, you agree to provide true, accurate, current and complete information about yourself. To access the Program and/or certain features of the Program, you will need a username and password. You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.

If the Company has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, the Company reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, Community Forum, group educational calls and Q&A sessions, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund.

Personal Responsibility and Assumption of Risk

By accessing the Program or any Program Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you or your child suffer as a result of your use, misuse or non-use, of the information available on or in the Program and/or Program Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in the Program or Program Content and you agree that you do so at your own risk. Neither the Company nor Dr. Netsy Mulugeta is responsible for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional who is familiar with your situation.

11.No Guarantees of Results

You acknowledge and agree that no results of use or participation in the Program are guaranteed, and that the Company has not made any guarantees or warranties of any kind about the results of your participation in or use of any information in the Program. Your participation in the Program does not guarantee any success with your child’s autism, health, or otherwise. The Program and Program Content are for educational and informational purposes and are intended to solely to provide users of Program with education and tools to support health.

Any testimonials provided by individuals who have used the Program or worked with Dr. Netsy Mulugeta are truthful statements made by real people, but they do not guarantee or promise in any way that you might achieve the same outcome. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of the Company and Dr. Netsy Mulugeta, participants of the Program or otherwise, are no guarantee that you or any other person will obtain similar results.

12. Errors and Omissions Disclaimer

The Company has done its best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, the Company cannot guarantee the complete and ongoing accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither the Company nor Dr. Netsy Mulugeta shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek medical advice from a licensed healthcare professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Program and Program Content for any person.

13.Technology Disclaimer.

While the hope is that the availability and delivery of the Program is uninterrupted, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, the Company is not liable to you for damages or refunds, or any other recourse, should any of the Program, membership site, or private Community Forum become unavailable or access to them becomes slow or incomplete due to any reasons, such as Kajabi system back-up procedures or upgrades, internet traffic volume, general network failures or delays, or any other cause which may from time to time make the Program inaccessible to you.

14.No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, THE COMPANY MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF THE PROGRAM AND PROGRAM CONTENT FOR ANY PERSON OR FOR ANY PURPOSE. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE PROGRAM AND ALL PROGRAM CONTENT. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM.

Limitation of Liability and Release of Claims

YOU AGREE TO ABSOLVE THE COMPANY AND ITS OWNER DR. NETSY MULUGETA, AS WELL AS ITS EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE PROGRAM AND PROGRAM CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM CONTENT, OR WITH ANY OF THE TERMS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM CONTENT.

BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.

Affiliate Disclosure: Links and References to Third-Party Websites, Services and Products

The Program and Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program, such as online supplement dispensary retailers, or other sites (collectively, “Third-Party Sites”). The Third-Party Sites are not under the control of the Company, and the Company is not responsible or liable for any content of any Third-Party Site. These links are provided for your convenience to provide further information and to allow you find other products and services that you may find of interest.

We believe in honesty. If you purchase products from the links in the Program, we may receive a small commission for making the recommendation, while the cost of the product remains the same or less for you. We only link to products that we personally use and/or recommend. You may make your purchases from any vendor that you choose.

While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of such products or services.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, including the membership site, group educational calls and Q&A sessions, and Community Forum, in full or in part, and without refund, for violation of these Terms.

As previously noted, If you want to cancel your subscription to the Program, you must provide written notice of cancellation at least 14 days prior to your next billing date to [email protected]. When you terminate, you will lose all access to the membership site, group educational calls and Q&A sessions, and Community Forum.

All of the terms of these Terms, including but not limited to, all intellectual property rights, disclaimers, limitations of liability, release of claims, and the No Refund Policy will still apply now and in the future, even after termination by you or the Company.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado where the Company is registered, regardless of the conflict of laws principles.

It is hoped that you will have no dispute with the Company. However, should a dispute arise between you and the Company, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact the Company via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. 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 purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

You also agree that should arbitration take place, it will be held in Denver in the State of Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to the Company referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms.

Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Severability

You expressly agree that these Terms are intended to be as broad and inclusive as permitted by the law of the State of Colorado, and that if any portion of these Terms is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms and it shall not affect the validity or enforceability of the remainder of the Terms which shall be given full legal force and effect.

Waiver

Any waiver or forbearance by the Company of any breach by you of any provision of these Terms shall not be construed as a waiver of any subsequent breach by you.

Contact and Questions:

If you have any questions about any term of these Terms, please contact the Company at [email protected].