PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS SERVICE LICENSE MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS SERVICE LICENSE AND ANY AMENDMENTS AFTER THIS DATE.
1. Definitions and Interpretation.
“Website” means the website located at www.abbicoleman.com and includes the entirety of both the Membership Website and the Public Website.
1.2. Membership Website
“Membership Website” means the portion of the Website that is restricted to the use only by You and other customers,and the available content, workouts, services, and audio inclusions included inside your Awaken login.
1.3. Public Website
“Public Website” means the portion of the Website that is accessible by anyone that does/does not have a member login.
“Acceptance” means that You have accepted the terms of this Service License and have accepted them by clicking on the “I agree/accept” button at the bottom of this Service License.
1.5. User Name
“User Name” means the email address of which you sign up with, along with the Password you create, that allows him/her to gain access to the Membership Website.
“Password” means the password that You create, along with the User Name, that allows him/her to gain access to the Membership Website.
1.7. Payment Plan
“Payment Plan” is the payment plan which You create and has been enumerated in this Service License and which You agree to pay to Company for access to the Awaken content inside the Membership Website .
• All respective schedules, exhibits, and/or attachments referenced are attached hereto and incorporated herein by this reference.
• Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Service License. The language in this Service License shall be interpreted as to its fair meaning and not strictly for or against any party.
• This Service License, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, including any third party agreements with financial institutions or service providers such as PayPal, Partial.ly & Stripe (collectively, “Other Agreements”). In the event of any inconsistency between the terms and conditions of this Service License and such Other Agreements, the terms and conditions of this Service License shall control.
2. Duties of Company
2.1. Services and Membership Website Information
Company shall not disclose to third parties any personal information which You forward to Company. The information which You forward to Company shall be used solely by Company for the purposes of billing, advertising, for notifying You of any changes to this Service License, the Membership Website, or any other purpose which Company deems necessary to carry out its duties under this Service License.
2.3. Unauthorised Access
In the event that You claim that another person has entered the Membership Website using your login credentials, It is the responsibility of the user to notify the Company of such information. The Company will issue you with new login credentials and will delete all previous credentials
2.4. Availability of Membership Website
Company does not warrant that the Membership Website will be available to You on a continual 24-hour basis. In case of updates or website breakdowns, You will be notified from the Company via the email address provided, and inside the membership facebook group. If you are a face to face member of the Company, you will also be notified at your next face to face meeting.
3. Your Duties.
3.1. Use of and Access to Membership Website
You understand and agree that your access to the Awaken Course located inside the Membership Website is granted via a limited, non-exclusive use license subject to the terms and conditions noted in this Service License herein. Such access and rights granted are personal to You and shall not be shared, transferred, or assigned, in whole or in part, by any act of You or by operation of law without the prior written consent of Company, which may be withheld or granted in Company’s sole discretion. Without limitation, your use or access to any of the Awaken contetn is absolutely conditioned on your understanding and use for personal, not commercial, purposes. Without limitation, You shall not:
• Modify, adapt, translate, incorporate into or with other ideas or ventures, or create a derivative work of any part of the Awaken Content; or
• Decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Membership Website by any means whatsoever. Company hereby reserves any and all rights in and to the Website, Services, Products, and Courses which are not expressly granted to You herein. Such reserved rights are the sole and exclusive property of Company, any one of which may be exercised or enjoyed by Company, directly or indirectly, at any and all times; or
• Rely on any Course, Service, or Product for success or guaranteed results of any kind. You understand that none of the foregoing is intended to provide any professional, financial, legal, medical, or psychological services or advice. You are solely responsible for your own physical, mental, and emotional well-being, health, actions, decisions, choices and results.
• Copy, reproduce, or duplicate the Company Content, by any means or in any manner, excluding such use for viewing and non-commercial personal use as intended (e.g. completion and sharing of homework).
You agree to pay Company a single lump sum payment for Awaken or commit to a payment plan during the term of this Service License.
3.3. Rules and Regulations
3.4. Intellectual Property Ownership
You acknowledge and agree the Company content shall include, without limitation, all materials that are part of the Website, Membership Website, and Courses, which are wholly owned by the Company. You shall not contest or challenge, or take any action inconsistent with or that may damage or impair Ownership or intellectual property rights of Company Content.
3.5. Availability of Membership Website
You understand that the traffic of data through the internet may cause delays during the download of information from the Membership Website and shall not hold Company liable for delays that are ordinary in the course of internet use. You understand that the Membership Website may not be available on a continual 24-hour basis due to such delays.
4. Terms of Payment
• Some financial institutions add additional transaction fees for foreign transactions. It is the implementation of your bank that charges the deese, and all related questions are to be directly to your financial provider. You shall provide Company with a credit card number or other payment method, as stipulated on the Payment Page, to which Company shall bill payment as per Your chosen Payment Plan set up during the Term of this Service License. In the instances of needing to change/update the details of your payment plan, please contact firstname.lastname@example.org. Your payment method will be charged at the beginning of your chosen payment plan, however, it may take a few business days for the charge to show on your account.
• You shall remain responsible for paying any remaining amounts owed and noted on the Payment Page, as per your payment plan selection. You understand, agree, and explicitly grant and authorise Company to automatically charge any credit cards on file/provided to Company through the Payment Page or through other writing during the Term. If the payment is declined, returned or deemed fraudulent, your access to the Awaken content inside the Membership Website will be suspended until all payments are made in full.
• You shall contact customer support at least 48 hours in advance at email@example.com to make adjustments to your card on file or the payment date.
• Incase of a mistake/double charge on your account, you are liable to contact us sat firstname.lastname@example.org in order to have your account fixed.
• To the fullest extent permitted under the law, You understand and agree that You irrevocably waive your right to any dispute or payment resolution mechanisms available by third parties or through the Other Agreements (whenever entered) in connection with the subject matter of this Service License, including without limitation, PayPal, Partial.ly, Stripe or or credit card chargeback disputes. This section shall expressly survive termination of
this Service License for any reason. Company expressly reserves any right to utilise all legal and equitable means to recover outstanding amounts due.
Awaken is a 6 week face to face or online course. Although a 6 week course, members are able to run at their own pace. It includes workout programs, recorded content, and homework accessible inside your Awaken membership. It includes member support live sessions for both face to face and online members. Breathwork is offered in an intimate face to face setting, as well as online via zoom for online members. In the case of changes to the timeline of delivery, all members will be notified of this via email and inside the membership facebook group. All content will be accessible on a weekly basis, and in accordance to the progression of the individual.
All payments are non-refundable and you are responsible for full payment of the fees for Awaken, regardless of whether or not you complete the program. If You have chosen a payment plan, You must complete the remaining payments of your payment plan. We reserve the right to seek recovery of any unpaid funds via all appropriate legal and equitable relief available, including without limitation, via our Collection Agency.
7. Payment Page: You shall be prompted to enter the following information on the Information Entry Page after indicating acceptance to this Service License. The Information Entry Page shall request the following information from or relating to You: • first and last names; • mailing address; • telephone number; • available payment options and amounts to be charged, along with frequency of such charge; and • credit card information, including billing address to process above selected payment option and amount; The Information Entry Page may also ask You to enter voluntary information that shall be used solely for the purposes of determining your profile or otherwise setting up your account. This information shall not be forwarded to any third parties as described above.
8. Limitation of Liability
The Services, content, and other material of any kind provided by Company are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. YOU AGREE THAT ANY EFFORTS BY COMPANY TO MODIFY ITS PRODUCTS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF
THESE LIMITATIONS, AND THAT ANY PROVIDED WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
YOU FURTHER AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WEB SITE OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
You are solely responsible for any and all aspects of your use of the Membership Website and Company Content as specified or explicitly authorized in this Service License. As such, You agree to indemnify, defend, and hold Company harmless with counsel of Company’s choice against any qualifying disputes or third party claims. This obligation shall survive termination for any reason.
9.2. Entire Service License
This Service License supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Service License contains all of the covenants and agreements between the parties with respect thereto. This Service License may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
10. Knowing Consent and Authority to Consent
The Parties knowingly and expressly consent to the foregoing terms and conditions. Each Party is authorised to enter into this Service License on behalf of its respective party.
THE “I ACCEPT/AGREE” SIGNATURE FOLLOWS. THIS BUTTON SHALL THEN DOWNLOAD THE INFORMATION ENTRY PAGE TO THE SUBSCRIBER’S COMPUTER. IF YOU DO NOT CLICK ON THIS BUTTON, THIS AGREEMENT SHALL BE NULL AND VOID AND YOU WILL HAVE NOT RIGHTS TO ACCESS THE MEMBERSHIP WEBSITE.