1. Product/Service
Live Love Be Evergreen LLC (herein referred to as “Company”) agrees to provide services of Access the Deeper Self Guided Meditation (herein referred to as “Product”). You, the Customer, agree to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Product.
2. Disclaimer
Customer understands Company and its subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants. Customer understands their use of this Product will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Customer understands that the Product is not a substitute for health care, medical or nutritional advice of any kind. Customer understands and agrees that Customer is fully responsible for their mental wellbeing while using Product, including their dietary, mental and physical choices and decisions. Customer understands that coaching is not psychology and that Company team members are not psychotherapists or practicing psychotherapy with Customer. Customer agrees to seek medical advice as determined by their own judgment before using this or any other Product or discontinuing use of any medications as prescribed by their medical practitioner. You should consult your physician or other health care practitioner before using this product. Nothing stated herein is intended to be, and must not be taken to be, the practice of medicine or medical advice. Customer understands Customer is fully responsible for any and all adverse reactions, including but not limited to, emotional or physical reactions to the content in the Product. Customer understands that all suggestions offered by Company are solely for the purpose of aiding Customer in achieving Customer’s defined goals. Customer has the ability to give their informed consent, and does hereby give such consent to Company to assist in achieving such goals. Additionally, the services are offered on an “As is,” “Where is,” and “Where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement. Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the product. Customer understands this is not a training in psychology nor will Customer be able to practice psychology based on this Product. Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way are dependent on any information Company provides to Customer. Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, including financial loss, property damage, or bodily injury caused by use of the Product. To the maximum extent permissible under applicable law, Company will not be liable to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Product.
3. Product Details
Product Structure
Access the Deeper Self Guided Meditation
Includes:
- Access the Deeper Self Guided Meditation by Yanique Bell (MP3)
FEES
Customer authorizes Company to charge their chosen payment provider for the total amount stated on Customer’s checkout cart screen. Customer agrees to abide by the terms and conditions of Their card issuer agreement and any other applicable third party agreement that may affect Their purchase with Us. Customer agrees to provide current, accurate and complete details as requested to process their payment. If necessary, Customer agrees to update their payment information in a timely manner so Company can complete any outstanding orders and/or contact Customer as needed.
Company reserves the right to change the prices for new purchases at any time.
Customer agrees to pay any applicable shipping and/or handling fees as stated on their checkout cart screen.
All prices are in USD.
To view, payment schedule, Customer can visit Account details on the Membership Site. If Customer a payment, Customer’s access to the Product shall be suspended until payments are up-to-date. Customer is liable for the total cost of the Product.
4. Method of Payment
Customer shall pay by credit card. If Customer elects to pay bi-weekly installments, Customer authorizes the Company to charge Customer’s credit card every two weeks. If Customer elects to pay monthly installments, Customer authorizes the Company to charge Customer’s credit card each month.
Recurring wire transfer payments are only accepted on a case by case basis, email yanique@yaniquebell.com to enquire about this option if your bank does not authorize credit card charges in the United States.
5. Refund Policy
Customer understands that no refunds are offered at any time.
6. Communication with Company
For questions regarding scheduling or the Product, please email: yanique@yaniquebell.com as it is the Customer Service email address. Company will respond to Customer Service emails within 2 working business days. Emails received on US national holidays, Company vacation days, or on a weekend will receive a response within the following two (2) working business days.
7. Non-Disclosure of Materials
This Product and any material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is strictly prohibited.
Customer may:
- Access the Product for Your personal use (This Product is not to be shared with others. If You desire to gift access to the Product, Customer must purchase additional Products at one per each person).
- Download and/or print any Product materials for Your personal use (If additional people need to download and/or print any materials from the Product, Customer must purchase additional Products at one per each person).
- Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, using © with our Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
Customer may not:
- Re-sell or trade access to the Product.
- Share the Product with anyone else who has not yet purchased it or opted in to receive it.
- Reprint or republish any of the Product, in part or in whole.
- Distribute any of the materials contained in the Product or related materials and/or communications as Customer’s own, otherwise known as stealing.
- Reproduce and tweak any part or whole of the Product for distribution as Customer’s own work.
- Claim ownership or use over any of Company’s intellectual property without Company’s prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Product (and its related communications and materials).
- Use Our Product or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If Customer wishes to use, publish, or access any of Company’s content, Program(s), Product(s), or related materials, Customer must do so by requesting permission prior to commencing use of the same by emailing Company.
LIMITED LICENSE
Any and all materials, paid or free, that Customer accesses on this or any related domains that contain Our Program(s) and Product(s) are under the sole ownership or licensed use of Company.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). Customer is not allowed to reproduce any part of Company’s website(s), program(s), product(s), service materials, or related communications.
Customer is only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Product Customer has paid for or opted to receive. If Customer exceeds the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, Customer has committed infringement in a manner that materially harms Company, and We have the right to seek damages and/or an injunction to remedy the situation until Company is made whole.
8. No Transfer of Intellectual Property
Company’s Product and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not allowed to use any of the Company’s intellectual property, methodology, or training to certify or train other students, coaches, or teachers of any kind. All intellectual property, including Company’s copyrighted program and/or program materials, trademarks, service marks, and trade names shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to revoke Customer’s membership and/or injunctive relief to prohibit any such violations and to protect against the harm of such violations.
9. Limitation of Liability
Customer agrees they are using the Company’s services at their own risk and that the Product is only an educational service being provided. Customer releases Company, its officers, employers, directors, contractors and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services, enrollment in Programs, or use or misuse of Company Product(s). Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of using this Product or in any way resulting from the services provided by the Company or use of techniques and practices taught. Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents
10. Non-Disparagement
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Customer agrees that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the Company. The Customer agrees that they will not directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner, directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
11. Confidentiality
The Company respects Customer’s privacy and insists that Customer respects the Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise. Customer agrees not to use such confidential information in any manner other than in discussion with the Company during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence within the Company and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
12. Customer Responsibility
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Product. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Product and extent, the results experienced by each Customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of use of Product.
13. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including, without limitation, acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
14. Severability/Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
15. Assignment
This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
16. Termination
Company is committed to providing all Customers a positive Product experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Product and terminate any further services without refund or forgiveness of monthly payments if Customer becomes disruptive to Company or Community, difficult to work with or upon violation of the terms as determined solely by Company. Customer will still be liable to pay the total contract amount. Furthermore, Company reserves the right to pause Customers access to any Program or Product if Company deems, in its sole discretion, Customer unable to safely and effectively continue in the Program, until such a time when Customer is physically and emotionally able to resume the Program.
17. Age Requirement
Customer must be 18 years of age or older to purchase.
18. Code of Conduct
Customer has read the Terms of Service and shall agree and adhere to the code of conduct stated there in order to contribute to creating a safe and positive community experience for all customers. Failure to adhere to the Terms of Service may result in expulsion from the Program/Product Site and termination of any further services, without refund.
THIRD-PARTY DISCLAIMER
Customer acknowledges and agrees that Company is not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including Customer.
19. Intake Call & Forms
Customer understands that Company intends to support Customer in an effective, appropriate, and personalized way. If Customer has purchased a Private Session, before the session begins, Customer may sign a form that confirms Customer is aware of any health conditions that are contraindicated to the practices in the Program or Product. The form will only be reviewed by Company team members. Company does not collect medical information about Customer. If Company deems Customer unsuitable for Program due to any health or wellness related issues, Company can decide to cancel Customer participation in the Program and will in this case issue a full refund to Customer prior to the Program or Session Start Date.
20. Resolution of Disputes
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
21. Equitable Relief
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
22. Indemnification
Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Product or in any way related to the services provided by the Company, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or gross negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
SECURITY
It is Customer’s responsibility to secure Their username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. For payments processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by Customer at checkout: By utilizing these payment processors to gain access to the Product, Customer indemnifies Company and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
23. Notices
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email to: yanique@yaniquebell.com.
24. Entire Agreement
This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
25. Controlling Law
This Agreement shall be governed by and construed in accordance with the laws of the New Jersey, United States of America.
BY PURCHASING THIS PRODUCT, YOU HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.