TERMS OF PURCHASE
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, digital products, or services by Dianne Shepherd (“Coach”), acting on behalf of Saging Sexy (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the program as outlined on http://www.sagingsexy.com/ (“Website”).
(a) The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained herein and/or provided for on Coach’s Website as part of the Program. This Program will guide Client through a variety of exercises aimed at pelvic floor mastery.
(b) Client is aware that Coach does not solve medical issues nor treat disease and is therefore not a replacement for client’s therapist or physician.
(c) The information and coaching provided is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with the Client’s own qualified doctor.
(d) The Program includes the content, modules, and other services as outlined on the Website. The Program may include but is not limited to the following:
Support through a Private Facebook Group
(e) Coach reserves the right to substitute services equal to or comparable to those listed in the Program if reasonably required by the prevailing circumstances.
(f) Client will have continuous access to the Program materials. At any point should Company be terminating the Website, Client will be given at least sixty (60) days notice.
CLIENT ACKNOWLEDMENT AND CONFIDENTALITY.
(a) I, the Client, understand that Body-Mind healing techniques taught in the Program are for my own use, if I choose, but do not in any way take the place of medical attention, diagnosis, or treatment.
(b) I recognize the importance of keeping information confidential throughout and after the Program. I agree not to disclose, reveal or make use of any information learned within private social media groups. I understand that should I violate this Term, the Coach has the right to remove me from any groups and from the Program.[SK1]
PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount as dictated on the Website for the specific Program option.
(b) Purchase is non-transferable and non-refundable.
(c) If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(d) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and calls. If Client has not paid within seven (7) days, Coach has the right to terminate agreement and permanently disallow participation.
DISCLAIMERS. By purchasing and participating in the Program, Client acknowledges that Dianne Shepherd is not a medical doctor, psychologist, or therapist, and her services and/or Program do not replace the care of other professionals. Any content provided through this Program is in no way to be construed or substituted as psychological counseling, medical advice, or any other type of therapy or advice. Client understands that Coach makes no guarantees as to the outcome of the Program.
Client understands that Coach will to the best of her ability to keep private information confidential within private social media outlets. However, Coach makes no guarantees that information will remain confidential and Client agrees to not hold Coach liable should any information be made public. The obligation of the Coach hereunder to hold the information confidential does not apply to information that is subsequently acquired from a third party who has a bona fide right to make such information available without restriction.
The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach may make lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
Any testimonials or examples shown through the Coach’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of programs and/or services. Client acknowledges that the Coach has not and does not make any representations as to the outcome of the Program, products or services.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents and/or videos specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. Any Materials provided are for Client’s individual use only and are granted as a revocable single-user license. No license to sell or distribute these Materials is granted or implied.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will 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 Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
DISCLAIMER OF WARRANTIES. The information, education, and services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using the Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Program. Client agrees that use of this Program is at user’s own risk.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Ithaca, New York or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between
the parties, whether written or oral.
If you have any questions or concerns regarding these Terms of Service, please email :email@example.com
Updated: October 2018