HEALSTRESS.COM Membership Terms
TERMS OF PURCHASE
BY PURCHASING THIS SERVICE YOU (HEREIN REFERRED TO AS “CUSTOMER” OR “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
1. Service
Qi Garden, Inc. (herein referred to as “Company”) agrees to provide services of the Healstress.com Online Community Service (herein referred to as “Service”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Service.
2. Disclaimer
The Service is 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 Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information provided through the Service.
Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your level of health & wellness, stress levels, earnings, business profit, marketing performance, audience growth or any results of any kind. Customer agrees that its results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, health acumen, business acumen where relevant, and finances and in no way 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, property damage, or bodily injury, caused by use of the Service. 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, health, economic or other damages arising in any way out use of the Service.
3. Service Structure
Monthly Service Structure – If Customer elects to pay for the monthly Service option (the “Monthly Service”), the Monthly Service shall include:
- Monthly access to the Private Members Only forum;
- One (1) monthly Live Mastermind call (if offered);
- Monthly access to the continuously-growing Learning Library, including any documents offered there;
- Monthly healstress.com Workshops, (if offered that month); and
- Monthly access to Member Only resources.
Annual Service Structure – If Customer elects to pay for the annual Service option (the “Annual Service”), the Annual Service shall include:
- Annual access to the Private Members Only Forum;
- Annual access to monthly Live Mastermind calls (if offered);
- Annual access to the continuously-growing Learning Library, including any documents offered there;
- Annual access to monthly healstress.com Workshops (if offered); and
- Annual access to Member Only Resources.
4. Length
The Monthly Service shall be one (1) month in length and the Annual Service shall be one (1) year in length.
5. Fees
Monthly Service Fees.
Beginning June 3, 2018, the standard Monthly Service Fee shall be Twenty-Nine ($29.00 USD) per month. This amount shall be charged to Customer’s credit card or PayPal account each month unless the service is canceled. This Standard Monthly Service Fee, shall, from time-to-time be adjusted through various promotions and other marketing offers and may increase or be otherwise adjusted from time to time.
Special 25th Anniversary Rate – Beginning January 1, 2019, and Ending December 31, 2019 the 25th The Wellness Spa’s 25th Anniversary Special Monthly Service Fee shall be Ten ($10.00 USD) per month. This amount shall be charged to Customer’s credit card or PayPal account each month unless the service is canceled. This Special Monthly Service Fee, shall revert to the Standard Monthly Service fee at the end of the Special Rate period.
Annual Service Fees.
Beginning April 4, 2018, the standard Annual Service Fee shall be Thirty-Nine ($290.00 USD) per year. This amount shall be charged to Customer’s credit card or PayPal account each year unless the service is canceled. This Standard Annual Service Fee, shall, from time-to-time be adjusted through various promotions and other marketing offers and may increase or be otherwise adjusted from time to time.
Special 25th Anniversary Rate – Beginning January 1, 2019, and Ending December 31, 2019 the 25th The Wellness Spa’s 25th Anniversary Special Annual Service Fee shall be Seventy-Five ($75.00 USD) per year. This amount shall be charged to Customer’s credit card or PayPal account each month unless the service is canceled. This Special Annual Service Fee, shall revert to the Standard Annual Service fee at the end of the Special Rate period.
6. Method of Payment
Customer shall pay via either credit cards accepted at time of purchase or via PayPal.
7. Refund Policy
Client is responsible for full payment of fees for the entire Service. Client understands that fees are non-refundable.
8. Confidentiality
The Company respects the Client’s privacy and insists that the Client respects the Company’s and the other Service Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Company, any representative of the Company, or the Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Participants during Events hosted by Company where such usage is appropriate to mutually beneficial context. 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. The parties understand that the other may release Confidential Information when release is necessary to comply with law.
Further, Client agrees that if they violate or display any likelihood of violating this section the Company and/or the other Participant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
9. Non-Disclosure of Materials
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
10. No Transfer of Intellectual Property
The Service is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted Service, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Client agrees that if Client violates, or displays any likelihood of violating, any of Client’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.
11. Client Responsibility
Client accepts and agrees that Client is fully responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s results or performance. Client understands that because of the nature of the Service and extent, the results experienced by each client may significantly vary. Client acknowledges there is no guarantee that Client will reach their goals as a result of participation in the Service.
12. 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.
13. Severability/Waiver
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.
14. Miscellaneous
A) Limitation of Liability. Client agrees they use the Service at their own risk and that the Service is only an educational service being provided. Client 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. Client accepts any and all risks, foreseeable or unforeseeable.
Client 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 the Service or enrollment in the Service. Client knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Client may sustain as a result of participating in the Service.
Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’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 services, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Client. 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 Clients in the Service with a positive experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s access to the Service without refund or forgiveness of monthly or annual payments if Client become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
E) Indemnification. Client 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 Service, 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. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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) Governing Law/Venue. All disputes regarding the construction, interpretation and parties’ obligations under this Agreement will be governed by and construed in accordance with the State of Wisconsin, United States, notwithstanding any of that state’s laws to the contrary, regardless of the location of the Engagement. The venue and jurisdiction for the resolution of any such dispute are the courts in the State of Wisconsin, United States. Company agrees to abide by all applicable local laws. If Company brings a claim for unpaid fees, Client shall pay all court costs, 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: dave@healstress.com.
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.
BY PURCHASING THIS SERVICE, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.
