BY VISITING THISISMYSTART.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF THIS IS AFFIRM, LLC. (HEREINAFTER “AFFIRM”).

 

Overview

 

The terms “we”, “us”, and “our” refer to AFFIRM. The term “Site” refers to thisismystart.com. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our coaching firm, our services and our professionals, as well as information about business and course development, and information about coaching and business in general.

 

Use of the Service, including all information and educational materials presented herein by AFFIRM, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

Use of the Site + Service

 

Materials on thisismystart.com contain general information only to permit you to learn more about our coaching firm, our services and our professionals, as well as information about business and course development, and information about coaching and business in general. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice.

 

To access or use the Site or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or the Service.

Modification of These Terms

 

AFFIRM reserves the right to change the terms, conditions, and notices under which thisismystart.com is offered. By using thisismystart.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.

Material You Submit to the Site

 

You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

 

Intellectual Property Rights to Your Materials

 

We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant AFFIRM a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold AFFIRM harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

 

Scope of Services

 

The information provided on the Site is for educational and informational purposes only. It is not legal advice. If you require legal advice, consult an attorney licensed in your jurisdiction. 

Refunds and Cancellations

We do not provide refunds of any kind for any reason. You are free to cancel your membership and cease to participate in our programs,  however this will not warrant a refund of any kind.

Description of Services

 

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

 

Cookies

 

We use session cookies to ensure that your computer displays thisismystart.com effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from thisismystart.com, you may not be able to take full advantage of its features or to receive some of the services thisismystart.com provides.

 

Links and Email Addresses

 

Links posted on this website to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with AFFIRM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.

 

Lawful Purposes

 

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

No Warranty

 

The information presented on thisismystart.com is provided “as is” and “as available,” without representation or warranty of any kind. AFFIRM does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

 

Changed Terms

 

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

Limitation of Liability

 

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, AFFIRM is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if AFFIRM has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall AFFIRM’s cumulative liability to you exceed the total purchase price of the Service you have purchased from AFFIRM, and if no purchase has been made by you AFFIRM’s cumulative liability to you shall not exceed $100.

 

Indemnification

 

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

Our Intellectual Property

 

The Site and Service contain intellectual property owned by AFFIRM including, without limitation, the AFFIRM logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

Visitors GDPR Rights

 

According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

 

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:

 

You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.

We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.

 

Effect of Headings

 

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

Entire Agreement; Waiver

 

This Agreement constitutes the entire agreement between you and AFFIRM pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by AFFIRM shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

 

Notices

 

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

 

THIS IS AFFIRM LLC

514 Daniels Street, #106

Raleigh, North Carolina 27605

Governing Law; Venue; Mediation

 

This Agreement shall be construed in accordance with, and governed by, the laws of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Wake County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

Recovery of Litigation Expenses

 

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Severability

 

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected,impaired, or invalidated.

 

Assignment

 

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by AFFIRM. Any transfer, assignment, delegation or sublicense by you is invalid.

THIS IS AFFIRM, LLC Programs Terms and Conditions

TERMS AND CONDITIONS

This is a legally binding agreement which governs your relationship with the Company and may limit one or more of your substantial rights. Please read these Terms and Conditions carefully before using any AFFIRM Inc. d/b/a THIS IS AFFIRM, LLC Services.

 

Use of the Services as defined below, including purchasing and/or participating in a Program or accessing any materials presented by the Company, is subject to the following Terms. These Terms apply to all Users and all other Users of the site.  By purchasing or participating in a Company Program, accessing Company Materials, checking the box during the checkout process, or using the Site or Service, you agree to these Terms in full, including as they are amended from time to time, and acknowledge reading them.

 

If you do not understand or do not accept the Terms, please do not purchase this Program and do not access any of the Company’s proprietary materials, as doing so constitutes your full acceptance and understanding.

 

1. Definitions

“Company”, “we”, “us”, and “our” refer to AFFIRM Inc., d/b/a THIS IS AFFIRM, LLC, and, for the purposes of these Terms, This is My Start, Purpose Driven Courses.

 

“User,” “you”, and “your” refer to Users, User’s team members (including employees, contractors and other representatives of User and User’s company), Users of the site and Users of THIS IS AFFIRM, LLC programming, including but not limited to Purpose , THIS IS MY START Coaching, and THIS IS MY START BUSINESS COACHING..

 

“Materials” includes any content, whether conveyed by written, audio, digital, visual, or other means, containing Company or Program proprietary and/or confidential information, including merchandise..

 

“Program” any membership, subscription, course, seminar, retreat, session, class, event, or other offering by the Company.

 

“Service” or “Services” refer to the services included in the designated Program or accessing THIS IS AFFIRM, LLC’s audio content.

 

“Site” refers to thisismystart.com, as well as any official Company social media account to the extent that the content on such account is from the Company.

 

“Terms” means these Terms and Conditions as they are amended from time to time.

 

2. Company Programs

PLEASE BE ADVISED: While the company will make all reasonable attempts to staff Company Programs according to User’s expectations, THE COMPANY MAKES NO GUARANTEE TO STAFF ANY PARTICULAR TEAM MEMBER FOR ANY EVENT OR PROGRAM.  THE COMPANY RESERVES THE RIGHT TO MAKE ALL STAFFING AND PERSONNEL DECISIONS PURSUANT TO THE COMPANY’S OWN DISCRETION AND THE AVAILABILITY AND CAPACITY OF ITS TEAM MEMBERS. Any other additional services provided by Company to User beyond the scope of Program now purchased may require additional fees to be discussed and agreed upon by the parties.

 

Company Programs

Unless otherwise set forth below, THIS IS AFFIRM, LLC’s Company Programs, including its memberships, subscriptions, and Stand Alone Events (described below) contain additional terms and provisions which are unique to each Program and will be provided to you as applicable and are now incorporated by reference into this Agreement. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific Service, the latter terms shall control with respect to your use of that Company Program.

 

We may make changes to a Service offered by a Company Program, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.

 

Bonus Offers

From time to time, the Company may offer a bonus or special promotion associated with one of the Company Programs. Any offer to provide company services or resources are subject to the same terms and conditions set forth elsewhere in this Agreement. User shall have access to the bonus resources for the duration of their membership, subscription, or enrollment in the relevant Company Program unless otherwise advised (for example, you may receive bonus 1:1 calls that may expire if unused). UNLESS OTHERWISE STATED IN THE OFFER, ALL BONUS OFFERS ARE ONE-TIME OFFERS FOR NEW USERS, PARTICIPANTS, OR ENROLLEES. NO RETURNING OR RE-ENROLLING CUSTOMER IS ELIGIBLE TO RECEIVE ANY BONUS OFFER.

 

Stand Alone Events

THIS IS AFFIRM, LLC may periodically offer Stand Alone Events such as retreats, seminars, classes, sessions, or other Programs to the public, as well as to THIS IS AFFIRM, LLC Users. THIS IS AFFIRM, LLC makes no guarantees regarding the specific content of or staffing for such Stand Alone Events but shall make a good faith effort to display the content described upon sign-up for the Event. Admittance to Stand Alone Events will cost the amount set forth upon the advertisement for such event, and THIS IS AFFIRM, LLC will issue no refunds. All ticket sales will be final.

 

GENERAL PROGRAM TERMS

Unless otherwise indicated, you may only access the Program Services while you are a current and paying member of the given Program.

 

THIS IS AFFIRM, LLC only has the power to provide access to its services and opportunities to participate. If User fails to attend, utilize, or access the Services, or fails to achieve the results User desires, User remains responsible for all payments incurred by User’s subscription.

 

THIS IS AFFIRM, LLC may alter or substitute non-material details to a Program from time to time pursuant to its own discretion. Such alterations may include minor subject matter and personnel modifications.

 

3. Additional Terms and Conditions

The following terms also govern and apply to your use of the Site and Services, and they are incorporated in these Terms by this reference:

 

THIS IS AFFIRM, LLC Community Guidelines

Privacy Policy

Specific Company Program Agreements

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. By accessing the Site and/or using the Services, You agree that You have read and agree to abide by these additional terms.

 

4. User Responsibilities

You understand that your failure to meet the requirements set forth in this section will likely impair your ability to access, participate, and benefit from the Program(s) at no fault of THIS IS AFFIRM, LLC.

 

Tools to be Provided by You. You understand and agree that your participation in the Program(s) will require you to have access to certain tools, including access to the internet, a computer, and cellular device. You further understand that you may be required to provide information and documentation to THIS IS AFFIRM, LLC that may be required by us to effectively perform responsibilities in connection with the Services.

 

Technological Skills. You understand and agree that THIS IS AFFIRM, LLC is a modern institution and that basic technological aptitude is necessary to interact with the Company and to access and participate in the Program(s). Such aptitude includes the ability to access the internet, download documents, access and navigate social media and email, and access and navigate remote communication platforms.

 

Personal Effort. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us when needed.

 

5. General Payment Terms

Payment Date.  For monthly payments, the Company will bill User monthly on the same day, beginning on the date of their subscription (the Monthly Payment Date).  If the Monthly Payment Date is on the 29th, 30th, or 31st, then upon reaching a month which does not contain the applicable date, the Monthly Payment Date shall default to the last day of the month and revert to the original payment date thereafter.  To illustrate:

 

If a subscription is purchased on the 31st December 2022, the next 4 payments will be charged on:

 

31st January 2023

28th February 2023 (The last day of a month which does not contain a 31st day.)

31st March 2023

30th April 2023 (The last day of a month which does not contain a 31st day.)

One time or lump sum payments will be due as set forth in the specific Company Program or Stand Alone Event Terms and Conditions.

 

Late payment fee. If any fee outlined in this Agreement remains unpaid after the fifth business day following its due date, THIS IS AFFIRM, LLC reserves the right to assess a penalty fee of ten percent (10%) of the payment due at its own discretion. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 30 days after the initial due date, your account will be referred to our collections agency. 

 

Financing. In select cases, THIS IS AFFIRM, LLC may offer financing options. If you receive financing through a third party provider, you will be subject to its terms and conditions. THIS IS AFFIRM, LLC will not be liable for any loss or damage to you that arises out of or results from an action by the third party. If you receive financing through THIS IS AFFIRM, LLC, you understand that it is not a monthly fee. Instead it is an installment plan spreading out the payment of the full subscription fee and any mid-subscription cancellation by your does not relieve you of the obligation to pay the entire amount in full.

 

In all cases, THIS IS AFFIRM, LLC reserves the right to cancel your subscription and/or demand payment of the total balance if you fail to make any payment within 5 business days of such payment’s due date. 

 

Payment Security and Chargebacks. To the extent that User provides the Company with credit card information for payment, the Company is authorized to charge User’s credit card for any unpaid charges on the dates set forth herein. If User uses an installment option to make payments to the Company, the Company is authorized to make all charges at the time they are due and not require separate authorization to do so. User shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. User is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. User shall not change any of the credit card information provided to Company without notifying Company in advance. If the credit card on file is lost, stolen, or otherwise replaced, User will provide updated card information to the Company as soon as possible.

 

6. Refunds, Cancellation and Auto Renewal.

NO REFUNDS. THIS IS AFFIRM, LLC will issue NO REFUNDS under any circumstances for your cancellation of your participation in a Program.  You may elect to cease participation in the Program(s) and/or cancel your subscription; however, please note that if you selected to pay for a Program through an installment payment plan, you will remain obligated to pay all remaining unpaid and owed program fees in full.  

 

Cancellation of Subscription. For subscriptions, you may cancel future memberships for any reason with one calendar day notice prior to the billing for the next membership period. If you fail to provide one day notice, your request may not be received and/or processed prior to the next membership period and you may be charged for this period. Such charge will not be refundable, but you will retain access to the Program through the purchased month. To cancel your membership, go to your profile in the member site or email [email protected] with your request. 

 

THIS IS AFFIRM, LLC Initiated Cancellation.  THIS IS AFFIRM, LLC may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the Program. For Lifetime Memberships, there will be no refund issued after three years. Notwithstanding our obligation to refund prorated program fees in the event of our cancellation of your membership, no other partial or full refunds will be given to User for any reason on any date. Neither User’s cancellation, nor User’s failure to effectively participate in the program, are grounds for a refund. 

 

PLEASE NOTE THAT THIS IS AFFIRM, LLC’S CANCELLATION OF THE PROGRAM DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. THIS IS AFFIRM, LLC WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.

 

Auto Renewal. For annual subscriptions, your membership will automatically renew upon the end of the term for an additional one year term. For monthly subscriptions, your membership will automatically renew in monthly increments. Upon the first day of the renewed term, we will process your credit card for the same Program Fee. 

 

7. No Discrimination

The THIS IS AFFIRM, LLC coaching team is a diverse group of coaches, most of whom are Black women or women of color. You attest that you welcome the opportunity to be coached, led, and directed from a diverse group of coaches.

 

8. Photo and Video Release

By participating in any Program, You understand that portions of such program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. You agree that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification to You.

 

9. In-Person Events

Unless expressly stated otherwise in the registration for the specific in-person Program, all in-person Programs must be attended in person and will not be live-streamed. 

 

We reserve the right to request emergency contact and medical information from you for in-person Programs YOU UNDERSTAND THAT THE COMPANY RESERVES THE RIGHT TO CANCEL YOUR PARTICIPATION IN A PROGRAM IF YOU FAIL TO COMPLY WITH THIS REQUEST.

 

10. Program Alterations

Company reserves the right to make reasonable alterations to a Program. Such alterations may include, but are not limited to: replacing activities as necessary to maintain the safety of participants and the integrity of the select Program experience. You understand that the schedules, itineraries, amenities or element of an in-person Program may be subject to alteration without prior notice due to local circumstances, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather, and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

 

11. Term

The term of this Agreement shall begin on the date of first payment for the Services and continue until you or we terminate your membership.

 

12. No Guarantees

The Company does not guarantee any outcome of the Services and comments or statements the Company may have made about the outcome of participation in the Program is an expression of our general opinion only. We make no guarantees other than that the Services described in Paragraph 1 shall be provided to you in accordance with this Agreement. You acknowledge that we cannot guarantee any results of the Services, as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

13. Confidentiality

(a) User Information: Any of your information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the User’s Confidential Information.

 

(b) Other Participant Information: User agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. User agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. User agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. User will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

 

(c) Company Information: User agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a) and including any THIS IS AFFIRM, LLC audio content, shared by Company in the Program or through the Services. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. User agrees not to copy, disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. User agrees not to use such Confidential Information in any manner other than for personal edification and/or in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. User will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft. User understands and agrees that THIS IS AFFIRM, LLC’s audio content is for use only during the term of User’s participation in a Program, and that User’s right to access such content ends when User is no longer a subscriber/member. User agrees not to share audio content with anyone outside User’s particular Program.

 

(d) Violations of Confidentiality: User agrees that if User violates or displays any likelihood of violating this paragraph 14 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

 

14. Independent Contractors

(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the User for any purpose. Company is and will remain an independent contractor in its relationship to the User. Company is or remains open to conducting similar tasks or activities for entities other than the User and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Any advice given to Company regarding services performed for the User shall be considered a suggestion only, not an instruction. Company and User agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between User and Company.

 

(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. User shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against User for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

 

15. Ownership of Intellectual Property

User agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). Company retains the sole right to use, reproduce, and distribute Intellectual Property throughout the world in any and all media. Company grants User a license to use the Intellectual Property solely for User’s own noncommercial purposes. User agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, User agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. User may not use such trademarks or service marks for any purpose except with written permission from Company.

 

16. Representations and Warranties

(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, THE COMPANY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

 

(b) User’s Warranties: User represents, warrants and covenants that User has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of User’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

 

17. LIMITATION OF LIABILITY

(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO USER FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

 

(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO USER EXCEED THE FEES PAID BY USER UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

 

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 18 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER.

 

(d) USER WAIVES, RELEASES, AND DISCHARGES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE PERSONS RELEASED, FOR ANY DEATH, DISABILITY, ILLNESS, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO USER DURING A PROGRAM. USER INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE THE COMPANY OR RELEASED PERSONS FROM ALL LIABILITIES OR CLAIMS MADE BECAUSE OF PARTICIPATION IN A PROGRAM, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.

 

(e) USER ATTESTS THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN ALL THE ACTIVITIES WHICH MAY BE INVOLVED IN AND RELATED TO A PROGRAM. USER FURTHER ACKNOWLEDGES THAT THE SERVICES PROVIDED AT A PROGRAM, AS WELL AS CERTAIN OPTIONAL ACTIVITIES OFFERED BY ASSOCIATED VENUES, MAY BE INHERENTLY DANGEROUS OR CARRY SOME INHERENT RISK, INCLUDING BUT NOT LIMITED TO YOGA SESSIONS, HIKING, WATER SPORTS, ADVENTURE ACTIVITIES, AND OTHER PHYSICAL ACTIVITIES. THESE ACTIVITIES CAN BE STRENUOUS AND MANY OCCUR IN THE NATURAL ENVIRONMENT AMONG WHICH MAY EXPOSE USER TO NATURALLY OCCURRING HAZARDS. USER REPRESENT THAT USER HAS SUFFICIENT PHYSICAL STRENGTH, HEALTH ABILITY, AND EXPERIENCE TO PARTICIPATE IN ANY PROGRAM ACTIVITY AND WILL NOT PARTICIPATE IN ANY ACTIVITY WHERE USER DOES NOT BELIEVE ITSELF TO HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH, ABILITY, AND EXPERIENCE TO SAFELY PARTICIPATE.

 

USER UNDERSTANDS THAT, WHILE REASONABLE PRECAUTIONS HAVE BEEN TAKEN TO PROMOTE SAFETY, NOT EVERY SITUATION CAN BE CONTROLLED. THEREFORE, USER EXPRESSLY ASSUMES ANY AND ALL OF THE RISKS OF PARTICIPATING IN A PROGRAM AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND PROMISES NOT TO SUE COMPANY OR ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF COMPANY AND RELEASES THOSE PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF USER’S ATTENDANCE AND PARTICIPATION IN A PROGRAM. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR USER’S INJURY, ILLNESS, DEATH, OR ANY LOSS OR DAMAGE TO USER’S PERSONAL BELONGINGS RESULTING FROM USER’S PARTICIPATION IN A PROGRAM.

 

(f) SHOULD USER REQUIRE EMERGENCY MEDICAL TREATMENT AS A RESULT OF AN ACCIDENT OR ILLNESS ARISING DURING USER’S ATTENDANCE AND PARTICIPATION IN A PROGRAM, USER CONSENTS TO SUCH TREATMENT AND AGREES TO BE FINANCIALLY RESPONSIBLE FOR ANY MEDICAL OR LEGAL BILLS THAT MAY BE INCURRED AS A RESULT OF EMERGENCY MEDICAL TREATMENT. USER AGREES THAT IF USER HAS ANY MEDICAL OR PSYCHOLOGICAL CONDITIONS THAT MAY HAMPER USER FROM FULLY AND HEALTHFULLY PARTICIPATING IN A PROGRAM ACTIVITY, COMPANY RETAINS THE RIGHT TO ASK THAT USER NOT PARTICIPATE IN SUCH ACTIVITY AND WILL HAVE NO OBLIGATION TO MAKE AND FULL OR PARTIAL REFUND FOR THE PROGRAM.

 

(g) USER UNDERSTANDS THAT FROM TIME TO TIME, THE COMPANY MAY PARTNER WITH A THIRD PARTY TO PERFORM THE SERVICES AND CONDUCT CERTAIN PROGRAMS. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO USER FOR ANY HARM TO USER OR USER’S PROPERTY AS A RESULT OF THE CONDUCT OF SUCH THIRD PARTY.

 

18. Effect of Headings

The subject headings in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

19. Entire Agreement; Waiver

These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

 

20. Neutral Construction

These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.

 

21. Amendment

We reserve the right to update or amend any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. Such amendments are effective immediately upon notice to User by our posting the new Terms and Conditions on the Site. Any use of the Site or Service by User after being notified means User accepts these amendments. It is User’s responsibility to check these Terms and Conditions periodically for changes.

 

22. Assignment

These Terms and Conditions shall be binding on, and shall inure to the benefit of, User and the Company and their respective heirs, legal representatives, successors, and assigns; provided, however, that User may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of User. No such assignment by User to its wholly owned subsidiary shall relieve User of any of its obligations or duties under these Terms and Conditions.

 

23. Notices

Unless otherwise indicated, all notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed to [email protected] or as follows:

 

THIS IS AFFIRM, LLC

514 Daniels Street, #106

Raleigh, North Carolina 27605

To User at User’s email or billing address provided at the time of purchase.

 

Any party may change its address for the purposes of this paragraph by giving the other parties written notice of the new address.

 

24. Governing Law; Venue; Mediation

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

25. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

26. Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

27. Force Majeure

The Company shall not be liable for any costs, loss, or damages due to delay or nonperformance under this Agreement arising out of causes beyond the Company’s control which are results of acts of God, governmental action, war, invasion, natural disaster, outbreak or pandemic, or widespread wireless communication, internet, or power failure. A party seeking relief under this provision shall deliver written notice of the relevant force majeure event, the party’s reasonable attempts to mitigate damages or the absence of such options, and the party’s subsequent intention to invoke this provision for relief.