By using this website, or clicking “I Agree,” or entering or providing your credit card information, making a payment or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products and services by CMBC Wellness, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
Products & Services
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render products & services related to wellness, self improvement, spiritual guidance, hypnosis, consulting, coaching, and instruction (the “Program”).
(b) The terms of this Agreement shall be binding for any further products/services supplied by Company to Client.
(c) Parties agree that the Program is in the nature of as stated in 1(a) above.
(d) The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.
(e) Company reserves the right to substitute products and services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
(a) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, subscription, or otherwise provided to Client, and the payment plan selected by or provided to the Client (the “Fee”).
(b) Company shall charge a 5% (five percent) late fee on all outstanding balances not paid by the date or dates as agreed between the parties.
(a) Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.
(b) If client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund, except where Company’s statutory obligations mean that Client is entitled to either a full or partial refund.
(c) If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Program will be made to Client.
(d) It is acknowledged and agreed that if Client cancels a monthly membership, Client will no longer have access to the courses under this membership and Client is not entitled to any refunds.
Chargebacks and Payment Security
(a) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
(b) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client 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.
(c) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
No Resale of Services Permitted
(a) Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.
(b) This agreement is not transferrable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.
No Transfer of Intellectual Property
(a) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.
(b) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.
(c) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.
(d) All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.
(e) No license to sell or distribute Company’s materials is granted or implied by the enrolment or by the payment of any fees.
Limitation of Liability
(a) By enrolling in the Program and using Company’s products/services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.
(b) The Program is only for the purposes listed in paragraph 1(a) above.
(c) Client agrees that he/she accepts any and all risks, foreseeable or not foreseeable, arising from such services.
(d) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
(i) the total fees Client paid to Company in the one month prior to the action giving rise to the liability.
(e) All claims against Company must be lodged within 90 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
(f) Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the products/services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.
(g) Client agrees that he/she uses Company’s services at Client’s own risk.
Disclaimer of Guarantee
(a) Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.
(b) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.
(c) Client accepts and agrees that the Company does not give medical, financial or legal advice and that the Client is responsible for seeking such advice from medical, financial or legal professionals as the Client deems necessary.
(d) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(e) Company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(f) Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve specific results.
(a) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.
(b) Client agrees to abide by any Program rules and/or regulations presented by Company.
(c) The failure to abide by Program rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
(d) In the event of such termination, Client shall not be entitled to a refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Use of Program Materials
(a) Client consents to recordings being made of, calls, sessions, courses and the Program.
(b) Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other products/services provided by Company, without compensation to the Client.
(c) Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client.
No Substitute of Medical Treatment
(a) Client agrees to be mindful of his/her own health and well-being during the provision of any products/services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(b) Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services, nor does it give legal or financial advice.
(c) Company is not responsible for any decisions made by Client as a result of any of the products/services provided and any consequences thereof.
(a) Subscription based clients may terminate membership at any time with 30 days notice. Upon termination, Client will no longer be charged a monthly fee. No refunds of payments already remitted shall be issued.
(b) Clients who are not subscribed members may close/terminate their account at any time. No refunds will be issued.
(c) In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.
(d) Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.
(e) In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.
Dispute Resolution and Binding Arbitration
(i.) In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
(ii.) In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
(a) YOU AND CMBC WELLNESS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR DIRECTLY THROUGH CMBC WELLNESS, LLC, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(d) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
(f) YOU AND CMBC WELLNESS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR DIRECTLY THROUGH CMBC WELLNESS, LLC, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(g) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 14. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
(a) Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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 service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
(b) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
(c) Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.
In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.
Choice of Law
(a) This Agreement shall be governed by and construed in accordance with the laws of the state of New Jersey without giving effect to any principles or conflicts of law.
(a) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.
(b) This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.