Live Love Be Evergreen LLC (herein referred to as “Company”) agrees to provide services of Slower, Deeper, Softer Membership (herein referred to as “Program”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
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 participation in this Program 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 Program 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 during the Program, including their dietary, mental and physical choices and decisions during the Program. Customer understands that coaching is not psychology and that Program team members are not psychotherapists or practicing psychotherapy with Customer. Customer agrees to seek medical advice as determined by their own judgment before starting this or any other Program or discontinuing use of any medications as prescribed by their medical practitioner. You should consult your physician or other health care practitioner before starting this program. 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 Program. 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 program. Customer understands this is not a training in psychology nor will Customer be able to practice psychology based on this Program. 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 Program. To the maximum extent permissible under applicable law, Company will not be responsible 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 Program and the maximum amount that the Company would be liable is the cost of the Program.
3. Program Details
Slower, Deeper, Softer Membership Program
Includes access to the Slower, Deeper, Softer Membership Site. The Program is delivered as monthly content.
Customer will have access to the Program and content of the month immediately after purchase. The content of the month is available from the beginning of each month (on or around the 1st) until the end of each month. Customer will have access to the current month’s content and the previous month’s content, located in the “Last Month” section of the Membership Site.
The Membership Site includes monthly:
- Guided Audio Practices
- Live and Recorded Community Calls
- 4-Week Journey (Suggested Calendar)
The monthly content will be available on or around the first (1st) of each month and remain available on the Membership Site in the Last Month Archived page(s) while Customer is within the Commitment Period.
Length of Program
The Program initially began January 4th, 2020 and will run continuously until Company deems the Program finished (Company will give the Customer at least fourteen (14) days written notice of intent to close Program). Customer elects to continue in the Program until Customer cancels subscription, outlined below. The “Commitment Period” for month-to-month Customers shall be each purchased month, and for annual Customers shall be twelve (12) months from Program purchase. Customer understands all benefits shall expire at the end of the Commitment Period, and will not be carried-over. All of Customer’s benefits must be used during the Commitment Period. Customer will not have access to the Program after the Commitment Period.
The “Friends Package” includes a sixty (60) day trial of the Program for the cost of $48 USD. Once the trial period is complete, Customer will be billed the monthly cost of the Program.
The monthly cost of the Program is $48 USD and is a recurring cost that is charged to Customer’s card each month.
In order to qualify for the sixty day trial, Customer must refer the Program to a “Friend.” The Friend must purchase the “Friends Package” within 14 days of Customer’s Purchase Date. If Friend does not purchase the Program within 14 days, Customer’s membership will be cancelled and deleted.
To view, payment schedule or cancel membership, Customer can review Account details on the Membership Site or at yaniquebell.com/account. Customer will retain the pricing above, unless: the Program closes, Company cancels this tier of Membership, or Customer cancels subscription, fails to make a payment, or is expelled from the Program for not adhering to the Code of Conduct (See Section 19 of this Agreement).
Pricing is subject to increase. If pricing increase for Customer’s current tier, Customer will be notified and given the option to upgrade and agree to the new pricing or cancel and end Membership.
4. Method of Payment
Customer shall pay by credit card. If Customer elects to pay monthly, Customer authorizes the Company to charge Customer’s credit card each month.
Customer’s Monthly Billing Date will be the date of purchase.
Annual Customers will be charged following the completion of their twelfth (12th) month, renewing their annual subscription at Customers original pricing structure for another twelve (12) months. Annual Customers will receive a payment notice email no less than thirty (30) days and no more than sixty (60) days before the first cancelation deadline for the first automatic renewal and thereafter annually. Email payment notices will include an active weblink to allow the Customer to cancel the automatic renewal, per the Company cancellation procedure below. A failed payment results in immediate loss of access to Program and Community Boards. If Customer fails to make a payment, Customer is ejected from the Program. At that time, Customer is no longer eligible for the pricing structure from Customers original enrollment, and is subject to the current pricing structure upon rejoining, if desired.
5. Refund Policy
Customer understands that no refunds are offered at any time during the Program. Upcoming Program access will be revoked upon processing of customer refund.
Freeze Subscription Policy
If there is an extreme personal emergency or natural disaster that would directly affect the Customers ability to participate in the Program, Customer may send an email to Company at email@example.com with all relevant and necessary information on their situation at least five (5) days before Customers next billing cycle, in order to receive a freeze for the upcoming month. Customer understands that all emergency-related freezes are discretionary. If Customer experiences a family crisis, illness, or pregnancy, Customer may email Company to request a freeze in the Program. A freeze in the Program would pause Membership and further access to Program materials, resuming again one month from the freeze date. Failure to notify Company on or before five (5) days prior to Customers next billing cycle will result in normal credit card processing. After two (2) freezes, Customer must cancel subscription in order to stop credit card processing monthly. At that time, Customer is no longer eligible for the pricing structure from Customers original enrollment, and is subject to the current pricing structure.
Customer will continue to be responsible for payments once the freeze is lifted. Customer understands all freezes in the Program are at the sole discretion of the Company.
6. Cancellation Procedure
To cancel membership, Monthly payment Customers must submit the Cancellation From as outlined on the Account Page. The Cancellation Form can be found here: https://yaniquebell.com/cancel-sds/ This form must be completed at least five (5) business days before their next billing cycle in order to cancel payment and course access for the upcoming month. Failure to notify Company on or before five (5) business days prior to Customer’s next billing cycle will result in normal credit card processing and course access for the upcoming month, without refund. Cancellation processing will take affect within the upcoming month, to cancel future payments and course access.
Annual purchasers must must submit the Cancellation From as outlined on the Account Page. The Cancellation Form can be found here: https://yaniquebell.com/cancel-sds/ This form must be submitted at least five (5) business days before Customers twelfth (12th) and final billing cycle in their Commitment Period, in order to cancel payment and course access for the upcoming year. Annual Customers will retain course access until their Commitment Period of twelve (12) months is complete. Failure to notify Company on or before (5) business days prior to the twelfth (12th) and final billing cycle in Customers Commitment Period will result in normal credit card processing and course access, without refund.
7. Communication with Company
For questions regarding scheduling or the Program, please email: firstname.lastname@example.org as it is the exclusive 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.
8. Non-Disclosure of Materials
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.
9. No Transfer of Intellectual Property
Company’s Program 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.
10. Limitation of Liability
Customer agrees they are using the Company’s services at their own risk and that Program 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 or enrollment in the Program. 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 participating in this Program 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
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.
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.
13. Customer Responsibility
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Program 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 participation in the Program.
14. 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.
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.
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.
Company is committed to providing all Customers a positive Program experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program and terminate any further services without refund or forgiveness of monthly payments if Customer becomes disruptive to Company or Program, 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 participation in the Program 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.
18. Age Requirement
Customer must be 18 years of age or older to enroll in the Program.
19. 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 people in the Program. Failure to adhere to the Terms of Service may result in expulsion of the Program and termination of any further services, without refund.
20. 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 or Coaching Package, 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. 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 Coaching Sessions and will in this case issue a full refund to Customer prior to the Coaching call Start Date.
21. 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.
22. 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.
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 Program 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.
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: email@example.com.
25. 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.
26. 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 PROGRAM, YOU HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.