Terms and conditions
WEBSITE TERMS AND CONDITIONS
Last Updated April 2019
This website is owned and operated by Healthy Moon LLC (“we”, “us”, and “our”). By using muneezaahmed.com, also referred to as the “Website” or the “Site”, YOU (“visitor,”, “User” “you” and “your”) are bound by these Terms and Conditions. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
II. Use of the Site
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
A) Restricted Uses
Specifically, by using the Site, you agree not do any of the following: (i) hack, copy, distribute, or disclose any part of the Site in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Site; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Site; (vii) collect or harvest any third-party personally identifiable information, including account names or Customer Data (as defined below), from the Site; (viii) use the Site for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Site; (xi) access any content on the Site through any technology or means other than those provided or authorized by the Company; or (xii) bypass the measures we use to prevent or restrict access to the Site, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Site.
B) International Use
This site is operated and controlled by us in the United States. Due to the global nature of the Internet, users in countries other than the United States may access this site. We make no warranties that materials on this site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Company representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING COMMENT FIELDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
V. Intellectual Property
Unless otherwise stated, copyright of all articles, blogs, information and materials found on muneezaahmed.com belongs solely to Healthy Moon, LLC. You may not reproduce or redistribute the articles, blogs, information, and materials found on muneezaahmed.com without the express written permission of Healthy Moon, LLC. Furthermore, the Site contains intellectual property owned by Healthy Moon, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Healthy Moon, LLC and Muneeza Ahmed name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Muneezaahmed.com may offer goods or services (“product”) for sale on behalf of Healthy Moon, LLC. By placing an order through muneezaahmed.com you are offering to purchase a product on and subject to these Terms and Conditions. All orders are subject to availability.
Delivery times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Healthy Moon, LLC will not be responsible.
In order to contract with Healthy Moon, LLC through muneezaahmed.com you must be over 18 years of age and possess either an account with Paypal or a valid credit or debit card issued by a bank acceptable to us.
Healthy Moon, LLC and muneezaahmed.com retain the right to refuse any request made by you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the Paypal account or credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s).
All prices advertised are subject to such changes.
Prior to placing any order you will be asked to accept these terms and conditions.
A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment.
While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE PRODUCT YOU HAVE PURCHASED HAS BEEN DELIVERED TO YOU, NO REFUNDS WILL BE MADE AVAILABLE.
Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment.
Upon receiving your order we carry out a standard authorization check to ensure your payment method is valid and your payment will be processed.
Once we are certain of your payment being processed your order will be fulfilled.
VII. Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that no representation has been made by Company or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this Site.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
The foregoing applies even if Healthy Moon, LLC was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
VIII. Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources.
Links to such websites or resources do not imply any endorsement by or affiliation with Healthy Moon, LLC or muneezaahmed.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.
If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon
Company actual knowledge of facts or circumstances from which infringing material or acts are evident.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice.
All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]
This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary.
You shall not settle any third party claim or waive any defense without our prior written consent.
XII. Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of Connecticut, as applied to contracts that are executed and performed entirely in Connecticut.
The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be Connecticut.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The owners and operators of muneezaahmed.com may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version.
If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
XV. Entire Agreement
No waiver of any of the provisions of these Terms and Conditions by Healthy Moon, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Healthy Moon, LLC. The subject headings of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
XVI. Contacting Us
If there are any questions regarding these Terms and Conditions, you may contact us at: [email protected]
Terms Of Purchase
Updated December 2019
BY PURCHASING THIS PROGRAM YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Healthy Moon LLC (herein referred to as “Company”) agrees to provide service of Intuitive Detox Mastery (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.
The Program/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.
Muneeza Ahmed (“She,” “her,” or “Ahmed”), is not a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional. Ahmed, does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy. The information provided by Company 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.
You understand the information provided in this email is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you fully responsible for your own mental and physical well being, including your dietary choices and decisions. You agree to seek medical advice as determined by your own judgment before starting any program, any form of treatment or discontinuing use of any medications as prescribed by your medical practitioner.
Nothing in this Program should be construed as healthcare advice, medical diagnosis, treatment or prescription. Information or guidance provided by Ahmed, should not be construed as a promise of benefits, a claim of cures, or a guarantee of results to be achieved.
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, 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.
Program length (herein referred to as “Commitment Period”) is based upon the advertised length of program on the designated sales page or sign-up page. Client understands all benefits shall expire at the end of the Commitment Period, and will not be carried-over. All of Client’s benefits must be used during the Commitment Period.
You will pay all fees specified in the order or checkout form. Except as otherwise specified herein or in a custom order form, fees are based on the advertised cost of the program or content subscription.
5. Method of Payment
Customer shall pay by credit card.
If Customer elects to pay by monthly installments (if a program is eligible for installment payment), Customer authorizes the Company to charge Customer’s credit card each month.
6. Refund Policy
The Programs is non-refundable. Customer shall be responsible for full payment of fees for the entire Program, regardless of whether Customer completes the Program and regardless of whether Customer has selected a lump sum or monthly payment plan. If Customer is unable to use the program materials and access to the course for any reason, Customer understands that fees are non-refundable.
The Intuitive Healing Community
– if you wish to cancel your monthly payments, you must let us know by the 15th of the Month for the NEXT month. Any later than this date you will be charged for the full amount for the following month. There are no exceptions.
– if you wish to cancel your annual membership, you can cancel after 5 days of purchase and no more. You will be refunded the annual cost less the payment for the month you are in, materials for that month are immediately available.
7. Time with Company
At the time of Customer’s appointment (“Session”), if applicable to the program, Customer will meet with Company at the scheduled time. Customer understands that Sessions will end at the appointed time even if Customer is late for the session.
If Customer has to reschedule Customer will do so with a minimum of seventy-two (72) hours notice. Failure to do so will result in forfeiture of scheduled session. Company will accommodate emergencies on a case-by-case basis.
If Customer fails to reschedule or attend (“no-show”) two (2) appointments during the commitment period, it may result in termination of the relationship.
Customer understands all available times for appointments are at the sole discretion of the Company. If the schedule changes at any time, Company will notify Customer.
8. Communication with Company
Company welcomes communication between scheduled appointments and outside weekly email check-ins via email.
For questions regarding scheduling or administrative questions please email [email protected] or the Program, please email: [email protected] as it is the exclusive Customer email address. Company will answer your questions regularly during non-holiday and vacation weeks.
Customer understands that email sent on a weekend or holiday may receive a response on the following business day.
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 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 to protect against the harm of such violations.
10. 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.
11. No Transfer of Intellectual Property
Company’s Program is copyrighted 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 authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, 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 injunctive relief to prohibit any such violations and to protect against the harm of such violations.
12. 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.
13. 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.
A) Limitation of Liability. Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors, 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.
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.
B) Non-Disparagement. 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 parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither 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, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. 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.
D) Termination. Company is committed to providing all customers in the Program with 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 without refund or forgiveness of monthly payments if Customer become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
E) Indemnification. 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, 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. 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.
F) 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 court of proper jurisdiction. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
G) 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.
H) Notices. 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 fax or email. Email: [email protected]
I) 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.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America.
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