For good and valuable consideration of one hundred forty-nine U.S. dollars ($149) per month, Client has agreed to purchase a monthly subscription to The Garden Foundation Tribe (hereinafter “TGF Tribe” or “Membership Site”). In exchange, Company agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
- Client agrees and understands that he/she is purchasing a monthly subscription to TGF Tribe, which includes daily virtual classes, workouts, and other activities geared toward adults and older teens with special needs. Client confirms he/she will supervise the child or loved one with special needs during all activities, to ensure the safety of all participants.
- Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Membership Site as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s Website.
- Membership Site is not to be considered a substitute for medical attention or advice, or medical treatment. Membership Site is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe your child or loved one may be in need of medical treatment or to be seen by a physician, Membership Site is not the right place. By completing this Agreement, Client confirms he/she is not looking for medical treatment for his/her child or loved one, and does not expect Company to provide any services other than that outlined below in the Membership Site Outline Addendum.
- Membership Site is housed on a third-party platform that contains its own legal documents with respect to data privacy and terms & conditions. Please be sure to review any such documents prior to completing your Membership Site purchase, to ensure you are also in agreement with those policies.
- Company may request Client or Client’s child or loved one provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony and that the choice to do so is freely up to Client. There will be no ramifications or change in relationship Client refuses testimonial, or Client’s child or loved one does not wish to give one.
- If Client accepts and provides a testimonial, Client understands the material, along with a photo of Client, name, and location, will likely be published on Company’s website, Membership Site page, or other similar sales page or social media. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided as part of a Testimonial.
- Media Release
- From time to time, Company may have the opportunity to record a virtual class, and wish to use the class footage to market Membership Site, or feature the footage in some way. Client understands this, and gives Company permission to (1) record any and all virtual sessions involving Client and his/her child or loved one, and (2) permission to use the footage or still photographs in any and all forms as deemed reasonable by Company, including but not limited to for marketing purposes, on social media, and on Company’s website. If you as the Client do NOT consent to the foregoing, please email Company at [email protected] to advise them, so they may ensure you and your child or loved one are not in any shared footage / photographs. If no email is received, Company will assume Client is in agreement with this paragraph 4.
- Payment and Payment Plans
- Client understands the cost of the Membership Site is one hundred forty-nine U.S. dollars ($149), payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full.
- DRC Respite Funding. If Client receives DRC Funding, he/she may elect to put it toward the TGF Tribe Membership, only if the following protocol is followed:
- Client must select “apply here” on the TGF Tribe website, indicating they intend to use DRC Respite funding.
- Client must personally pay the twenty-five dollar ($25) remaining fee
- Within 24 hours, Client must email Company the necessary DRC forms
- Client understands if the forms are not submitted, the funding is outdated, or Company does not receive the $125 DRC funds, Client’s credit card on file will be charged for the full monthly balance of $149 per month unless and until the membership is properly canceled as outlined below in paragraph five (5).
- Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to Membership Site may be forfeited if payment is not made within thirty (30) days of the date it is due. If membership is revoked due to lack of payment, Client may bring his/her account current and rejoin at any time, via the TGF Tribe website.
- Company reserves the right to cancel Client’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company for access to Membership Site.
- Auto-Renewal Agreement
- CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
- HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Company’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
- As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month.
- IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period or sale. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
- By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
- Company is not able to offer refunds once Client has purchased access to the Membership Site. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
- Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund.
- Company is not responsible for any specific technology that may be needed in order to adequately view and utilize Membership Site. Client’s inability to access Membership Site due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
- Medical Disclaimer – Not Medical or Professional Advice
- Membership Site and content contained within the Membership Site is not to be considered as medical treatment or attention, therapy or counseling, medical advice, or personalized yoga teaching, and nothing within the Membership Site is intended to provide or act as a substitute for mental health treatment.
- Client understands and agrees that Membership Site offers virtual, instructional services designed for adults and older teens of all abilities and special needs. There are no therapy, treatment, or medical-based elements to Membership Site, and it is not meant for those who are in need of (or think they may be in need of) medical services or personalized attention in any aspect of what is offered herein. Company is not attempting nor suggesting Client enroll in Membership Site in place of a personalized consultation with a medical professional in Client’s geographical area.
- Company encourages Client to seek the advice of a medical professional in his/her area if he or she has any doubts or concerns regarding his/her child or loved one’s ability to participate in TGF Tribe virtual classes. Company will assume that all individuals choosing to participate in Membership Site classes will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Membership Site offered is right for them. Nothing contained within Membership Site is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Voluntary Participation; Consent
- Client understands and agrees that he/she is voluntarily choosing to enroll his/her child or loved one in Membership Site classes, and is solely responsible for any outcomes or results. While Company believes in its services and that Membership Site is able to help many people, Client acknowledges and agrees that The Garden Foundation is not responsible nor liable to Client should Client’s child or loved one sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her child or loved one’s health and well-being, including participation in Membership Site and any results therein.
- If Client is purchasing a membership to TGF Tribe for a child or loved one with special needs that cannot consent for him or herself, and the child or loved one will be participating in Membership Site classes: Client understands he/she is responsible for assessing the safety of Membership Site classes for the participant, supervising all classes, assisting participant where necessary, and ensuring participant is not injured or otherwise unsafe during all virtual classes and workshops. Client understands while Company does its best to provide appropriate classes and materials, Membership Site includes members of all levels and abilities, and cannot personally assess Client’s child or loved one’s abilities for each class, and ensure safety, due to the virtual nature of each class.
- Disclaimer /No Guarantees
- While many of Company’s past and current clients have experienced wonderful benefits from the content contained in Membership Site, Company cannot guarantee results and cannot make any representations or guarantees regarding individual results. Client will hold The Garden Foundation harmless if he or she does not experience the desired results.
- Client understands that all services provided by The Garden Foundation in connection with the Membership Site being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Membership Site, as long as Company delivers the Membership Site as described in the Addendum below.
- Client also understands Company does not employ doctors, nurses, licensed therapists, or other medical professionals, and agrees to hold The Garden Foundation harmless should any physical, emotional, or financial injury occur to Client or Client’s child or loved one as a direct or indirect result of the Membership Site classes.
- Client agrees and understands that Company has created numerous original, creative works in connection with the Membership Site, and agrees that Company maintains any and all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership Site, including but not limited to: class structure, materials, systems, teaching methods, membership site design and features, and any other protectable original work created by Company, or for Company. Client agrees he/she may be granted a limited right to use selected materials in the course of his or her use of the Membership Site, but understands that the original proprietary rights remain with Company.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided in Membership Site without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to end Client’s participation in the Membership Site without refund, as well as access to any Membership Site or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Membership Site, she/he is gaining access to view all content and information available as part of the Membership Site. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not: (i) copy, edit, distribute, duplicate or steal any information or any Content obtained through Membership Site without written permission by Company; (ii) claim any content created by Company as part of the Membership Site or otherwise given to Client is his/her own, (iii) share purchased materials, information, content with others who have not purchased them. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees at all times to defend, fully indemnify and hold Company and any and all contractors, employees, volunteers, affiliates, agents, team members or other parties associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership Site, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation (or Client’s child or loved one) in Membership Site. Client confirms he/she understands the virtual nature of Membership Site classes, that Client is responsible for the health and safety of anyone who participates in Membership Site’s virtual classes under his/her membership, and that Company is not responsible nor liable should an injury or other negative reaction occur to Client or his/her child or loved one during a Membership Site class. Should Company be required to defend itself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information, free of charge.
- Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
- If unable to reach a resolution informally, the Parties agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Las Vegas, Nevada within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- This Agreement shall be governed by and under control of the laws of Nevada regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Nevada are to be applicable here.
MEMBERSHIP SITE OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Membership Site. While the below is subject to change, at the time of purchase, Membership Site includes access to the following:
Membership Account: Client will receive a username and password once granted access to Membership Site, that will be needed each time Client wishes to log in to the third-party Membership Site.
Class Schedule: Company posts its class schedule on the TGF Tribe website, as well as within Membership Site. This schedule is subject to change, depending on teacher availability and class offerings. Company will do its best to update class schedules as quickly and accurately as possible. Should the schedule change and no longer be a fit for Client’s schedule, Client may elect to cancel Membership Site, and rejoin at a later time when classes shift. Client is not eligible for a refund if he/she cannot make certain classes, if participant does not want to attend a class, or for any other reason that results in lack of participation.
TERMS & CONDITIONS
The website www.thegardenfoundationlv.org (hereinafter “Website”) and any content therein (defined below) is owned and operated by The Garden Foundation, a Nevada Non-Profit Company (hereinafter “we” “us” “our”). Please read all Terms & Conditions before using our Website - by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
Use of Website
- To access or use our Website, you must be 15 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Website, you represent that you are at least 18 years of age and agree to be bound by these terms & conditions, or, if between the ages of 15 and 18, are viewing website with the permission and supervision or a parent or guardian who agrees to be bound by these terms and conditions. Any use of this website by anyone under 18 constitutes an unauthorized use and a violation of these terms and conditions; we do not authorize use of this Website by anyone under 18.
- Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
Intellectual Property Rights
- This website contains original work that has been created with creativity, originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by The Garden Foundation and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
- You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Website, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee / Licensor Rights: Our Limited License to You
- As a licensee, you understand and agree that you will not: (i) Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information; (ii) use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without express, written permission provided by The Garden Foundation and understand that any such use may constitute infringement, which may give rise to a cause of action against you; (iii) hold any of our Content out to be your own, and understand that doing so constitutes stealing and is a violation of our intellectual property rights; (iv) share purchased materials, information, content with others who have not purchased them; (v) use any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law. Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content, and may be made by sending an email with your written request to [email protected].
- Licensee / Licensor Rights: Your License to Us
- You may be able to post your original content to our Website, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 15 years of age. If between the ages of 15 and 18, you confirm you are posting with permission and supervision of a parent or guardian who is over 18.
- When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
- You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Website, or otherwise provide us with content, with access to our Website constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favorable treatment in return.
- Testimonials: Our Website may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others’ experiences with our services, website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee. You also understand and agree that the individuals featured may have different medical history and health status, and what worked for them may not work for you; you agree to use common sense, and consult your personal medical provider before beginning any program we offer, and/or before implementing any information found on Website.
- Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
- You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable, and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
- The purpose of this Website is solely to provide educational information to those wishing to view it. Any Content on this Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.
- You understand and agree that our Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.
- Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold The Garden Foundation harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.
- By using our Website, you understand and agree that The Garden Foundation makes no guarantees or warranties regarding the condition of Website, including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
- We will make every effort to make our Website available to you at all times; however, from time to time the Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Website, and you agree to simply check our Website at a later date to confirm when it has been relaunched.
- We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
Information You Provide
- In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
- You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.
- You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.
- You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.
- You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.
- Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.
- You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.
- You agree at all times to defend, fully indemnify and hold The Garden Foundation and any affiliates, agents, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Website or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
- We will attempt to monitor any comments and posts made by third parties and users as often as possible. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and agree to release us of any and all claims arising therefrom.
- Should you choose to utilize information offered on our website, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
Limitation of Liability
- You understand and agree that the information offered via Website is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. You understand that your decision to use any information or purchase any products or services offered on our Website is purely voluntary. Should you choose to purchase products or services via our Website, you understand and agree that we may not know your personal and specific situation in full, and have no way of knowing of a program’s specific applicability to your life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or actual damages or harm to your person or business as a result of choosing to utilize information found on or purchased from our Website. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your mental or physical health, income, finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
- You understand and agree that The Garden Foundation is not to be held liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on Website, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
- You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
Release of Claims
- You also agree that under no circumstances will we be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Website or any information or Content found therein, and you hereby release us from any and all claims whether known now or discovered in the future.
- You agree and understand we have the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
- These Terms and Conditions shall be governed by the laws of the state of Nevada. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Las Vegas, Nevada regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating our right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
- Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Should you have any questions with respect to any of the foregoing, please contact us at [email protected].