Neriyyah LLC Terms of use agreement

NERIYYAH LLC TERMS OF USE AGREEMENT  Our Programs, Services, and Products are owned and operated by Neriyyah LLC (“Company”, “we”, “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Services, and/or Products.  By purchasing or using any of our Programs, Services, or Products, clicking "I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page, or otherwise enrolling, electronically, verbally, or otherwise, you are entering into a legally binding agreement with the company, Neriyyah, LLC of South Carolina according to the following terms and conditions:  We reserve the right to change this Terms of Use Agreement from time to time.  USE AND CONSENT By purchasing or using any of our Programs, Services, and/or Products, you agree to abide by this Terms of Use Agreement as well as our Disclaimer, Privacy Policy, and Delivery and Sales Policies located on our Company’s website.   All of our Programs (including Program Materials), Services, or Products are to be used solely for users who are at least eighteen (18) years old. By purchasing or using our Programs (Including Program Materials), Services, or Products, you warrant and represent that you are at least eighteen (18) years old.  COMPANY'S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, intuitive coaching, and/or health/life coaching (the "Program"). The terms of this Agreement shall be binding for any further goods/services supplied by Company to you. Parties agree that the Program and/or Services are in the nature of coaching and education. 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 and/or email correspondence and/or promotional flyers in any format, as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program and/or Services for you if the need arises.   OUR INTELLECTUAL PROPERTY RIGHTS  NO RESALE OF PROGRAMS AND/OR SERVICES PERMITTED. You agree 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 and/or Services. This agreement is not transferrable or assignable without the Company's prior written consent.  LIMITED LICENSE -. Company's copyrighted and original materials shall be provided to you for your individual use only and a single-user license. You are not e authorized to use any of Company's intellectual property for your business purposes. You 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. You are not permitted to share any portion of our programs with family, friends, coworkers, etc.  Anyone besides you is required to purchase their own license to use our Programs and/or Services separately. All intellectual property, including Company's copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.  You are only permitted to download and/or print Program materials for your own personal use.  COMPENSATION. You agree to compensate Company according to the payment schedule set forth on Company's website, or via email, or Payment Schedule and the payment plan selected by you (the "Fee") or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid by you in a timely manner.  REFUNDS. Upon execution of this Agreement, you shall be responsible for the full extent of the Fee. You understand and agree that Company has a no refund policy. If you cancel attendance of the Program and/or Service for any reason whatsoever, you will receive no refund.  CHARGEBACKS AND PAYMENT SECURITY. To the extent that you provide Company with credit card(s) information for payment on your account, Company shall be authorized to charge your credit card(s) for any unpaid charges on the dates set forth herein. If you use 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. You shall not make any charge backs to Company's account or cancel the credit card that is provided as security without Company's prior written consent. You shall not cancel automatic payment plan that you initially signed up for without Company’s prior written consent. You are responsible for the entire balance due on your account whether you receive Company’s prior written consent to cancel a credit card or not. You are responsible for the entire balance due on your account whether you receive Company’s prior written consent to change an initial automatic payment plan that you signed up for or not. You are responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company in advance.   LIMITATION OF LIABILITY. By using Company's services and enrolling in the Program and/or Services, you release Company, its members, officers, and related entities from any and all damages that may result from anything and everything. The Programs and Services are only an educational/coaching service being provided. You accept any and all risks, foreseeable or non-foreseeable, arising from such transactions. You acknowledge and take full responsibility for your life and well-being, as well as the lives and well-being of your family (where applicable), and all decisions made during and after the Program and/or Services.  In furtherance and not in limitation of the foregoing, you hereby and forever waive, release and discharge company, executors, administrators, assigns, officers, officers’ heirs, agents, employees, representatives, executors and all others acting on their behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Program or in connection with services provided by me or the Released Parties. You agree 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 or enrollment in the Program. You agree that use of Company's programs and/or services is at your own risk.  DISCLAIMER OF GUARANTEE. You accept and agrees that you are 100% responsible for your progress and results from the Program and/or Services. You accept and agree that you are the one vital element to the Program's and/or Services success and that the Company cannot control you. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program and/or Services will meet your requirements or that all purchasers will achieve the same results.  ERRORS & OMISSIONS The Company makes every effort to present you with accurate, complete, and current information. We do not warrant the accuracy, completeness, and timeliness of information contained within our Programs (including Program Materials), Services, and Products. The nature of research and scientific data is ever evolving, because of this, we cannot be held responsible for any inaccuracies or errors in our content. You acknowledge and understand that our content may contain errors or inaccuracies and that we are not liable for such errors or inaccuracies to the fullest extent permitted by law.  PROGRAM & SERVICES RULES. To the extent that you interact with Company staff and/or other Company purchasers, you agree to at all times behave professionally, courteously, and respectfully with staff and clients. You agree to abide by any Program & Services Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, you shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.  PROGRAM & SERVICES CANCELLATION/RESCHEDULING. Your coaching sessions may be rescheduled with 24 hours’ notice. You are responsible for self-scheduling and managing your appointments using online calendar. You receive 1 “emergency reschedule” in your Program, which means you can cancel a session within 24 hours and still reschedule the session. If you do not show up for a session and it wasn’t rescheduled, it is forfeited. Other canceled sessions with less than 24-hours’ notice will be forfeited. In case you are unable to reschedule an appointment within 24 hours, any work that we were to cover during that missed session will be sent to you via email and you will be expected to complete on your own and at your own pace.   USE OF PROGRAM & SERVICES MATERIALS. You consent to recordings being made of any Programs and/or Services. Company reserves the right to use, at its sole discretion, Program and/or Service materials, videos and audio recordings of courses, and materials submitted by you in the context of the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to you. You consent to your 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 you.  NO SUBSTITUTE FOR MEDICAL TREATMENT. You agree to be mindful of your own well-being during the program and/or services and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. You understand and agree that (i) Company is not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever, any disease, condition or other physical or mental ailment of the human body, (ii) Company is not acting in the capacity of a doctor, licensed dietician-nutritionist, massage therapist, psychologist or other licensed or registered professional, and (iii) you have chosen to work with the Company and participate in the Programs and/or Services voluntarily. Company is not responsible for any decisions made by you as a result of the Programs and/or Services and any consequences thereof.  TERMINATION. In the event that you are in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. Company shall be allowed to immediately collect all sums from you and terminate providing further Program sessions, Program materials, and/or Services to you. In the event that you are in arrears of payments to Company, you shall be barred from using any of Company's services.  CONFIDENTIALITY. The term "Confidential Information" shall mean information which is not generally known to the public relating to your business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with you, during discussion with you, the Program session and/or Services with Company, or otherwise, without your written consent. Company shall keep your Confidential Information in strictest confidence and shall use its best efforts to safeguard your Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.  NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by you, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. 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.  INDEMNIFICATION. You shall defend, indemnify, and hold harmless Company, Company's shareholders, 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(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 or successors. You shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company's members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.  CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.  CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of South Carolina, Florence County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.  SURVIVABILITY. The ownership, non-circumvention, non-disparagement, 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 of this Agreement for any reason.  SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, 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.  OTHER TERMS. Upon execution by clicking "I agree," or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.  ENTIRE AGREEMENT. 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.   In the event that any provision in this Terms of Use Agreement is determined to be void, unenforceable, or unlawful, such provision shall be enforceable to the fullest extent permitted by applicable law. Any unenforceable provision shall be severed from The Agreement. The remaining provisions shall remain valid and enforceable.