Terms of Service
Updated June 27, 2023
1. Acknowledgement and Acceptance of Terms of Service.
BEFORE YOU USE THE SERVICE SUBJECT TO THESE TERMS OF SERVICE ("TERMS"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN HEATHER GOSLINER D/B/A THE PSYCHO-SPIRITUAL NURSE (REFERRED TO AS "MY", “ME", “I”, “HER”, “SHE” OR "HEATHER") AND YOU (“SUBSCRIBER”, ”YOU”, “YOUR", OR "YOURSELF") WHICH GOVERNS YOUR USE OF MY INTERNET-BASED HEALTH AND WELLNESS COACHING SERVICES (THE “PROGRAM(S)”). YOUR PARTICIPATION IN THE PROGRAMS IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. BY PARTICIPATING IN THE PROGRAMS IN ANY MANNER, (I) YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY, AND A PARTY TO, THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS, AND (II) YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND YOURSELF. YOUR REMEDY FOR DISSATISFACTION WITH THE PROGRAMS IS TO STOP PARTICIPATING IN THE PROGRAMS. YOUR AGREEMENT WITH HEATHER REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE (THE “AGREEMENT”) BECOMES EFFECTIVE IMMEDIATELY UPON YOUR COMPLETION OF THE REGISTRATION PROCESS.
WAIVER OF CLASS ACTION NOTICE. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE SEE SECTION 20 (WAIVER OF CLASS ARBITRATION OR ACTIONS) BELOW.
2. Eligibility. By agreeing to these Terms, You represent and warrant to Me that if You are an individual: (a) You are at least 18 years old; (b) You are not currently and have not previously been suspended or otherwise removed from any of the Programs; and (c) Your registration and Your use of the Programs is, and will remain, in compliance with any and all applicable laws and regulations at all times. If You are an entity, organization, or company, the individual accepting these Terms on Your behalf represents and warrants that they have authority to agree and bind You to these Terms.
3. Definitions.
3.1 ”3rd Party Applications” means online, Web-based applications or services and offline software products that are provided by 3rd parties, and interoperate with the Programs.
3.2 “Group Coaching” An interactive session with HEATHER and at least two (2) additional participants.
3.3 “Participant(s)” A person or persons who participates in a Group Coaching session.
3.4 “Program Materials” means any PowerPoint, document, or any other material created for the purpose of conveying information within any of the Programs offered.
3.5 ”Registration Process” means the process in which the Subscriber completes a discovery call, makes payment at the web link sent to her/his email address, and signs the Client Consent Form and acknowledgement indicating she/he read and accepts these Terms of Service and the Privacy Policy.
3.6 “Subscriber Data” means all electronic data or information submitted by, or collected from, the Subscriber.
3.7 “Term” means the initial period of any Program as well as any additional period beyond that initial period in which the Subscriber registers to participate.
4. General Terms of Access to the Programs.
4.1 Service Overview. The Programs instruct You in the application of intermittent fasting in combination with additional techniques meant to improve Your psychological and physical health and wellbeing. In the course of the Programs, I will provide you with information, goal setting, discussions around behavior change, and encouragement.
4.2 Group Coaching. You acknowledge and accept that each person involved in Group Coaching has different goals, backgrounds, and health conditions and, thus, results may differ substantially between participants. You agree to be respectful of other participants in Your Group Coaching sessions by refraining from interrupting them, voicing any judgment of those participants, or otherwise preventing or demeaning any participant from expressing her/his opinions or beliefs.
4.3 Nature of Relationship. You understand and agree that, although HEATHER is certified as a registered nurse, at no time during the course of any of the Programs is She acting in Her capacity as a registered nurse. You acknowledge that the Programs do not include any medical or nursing assessments or treatments, psychological counseling, or psychotherapy at any time.
4.4 Additional Care. In the event that You determine that You require medical or nursing assessments or treatments, psychological counseling, psychotherapy, or any additional care not offered by Your Program, it is Your responsibility to seek care from a licensed professional.
4.5 Additional Health Concerns. If additional health concerns arise during the course of Your treatment that I reasonably believe requires additional care outside of the scope of Your Program, I will encourage such care as I reasonably believe is appropriate for Your specific circumstances.
4.6 Results. You acknowledge that Program results are not guaranteed.
4.7 Program Payment. During the Registration Process, You will have the option to pay for Your Program in full or on a month-to-month basis. If You select the option to pay in full, You will receive a one-time charge for the entire cost of Your Program. If You select the month-to-month payment option, You will receive an initial charge followed by an automatic charge each subsequent month until the Program is paid in full. Once payment is made in full or the initial payment is made for the month-to-month payment plan, Your Program may not be cancelled by You at any time.
4.8 Discounts and Promotional Pricing. I may offer discounts or promotional pricing for the Programs. Any such discounts or promotional pricing will be clearly communicated to You as such at the time of purchase and may be subject to additional terms and conditions, which will be clearly communicated at that time as well.
4.9 Limited License. Subject to the terms of this Agreement and payment of the applicable fees, You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (as defined in Section 3.7 - Term) to participate in Your Program subject to the terms, conditions, and restrictions set forth in these Terms and any other restrictions stipulated to You in the Agreement or by Me in writing. Except, and solely to the extent such a restriction is impermissible under applicable law, You may not: (a) reproduce, distribute, or publicly display Programs; (b) make modifications to the Programs, except as expressly permitted or directed by Me; or (c) interfere with, or circumvent any, feature of the Programs, including any security or access control mechanism. For the avoidance of doubt, if You are prohibited under applicable law from using the Programs, You may not use them.
4.10 Commencement of Term and Registration. The Term of this Agreement shall commence as of the date You first register for, access, or participate in Your Program, and shall continue until terminated as set forth in Section 13 - Termination With or Without Cause, Expiration. When You complete the Registration Process for access to Your Program, You will be required to provide information about Yourself, such as Your name, email address, phone number, mailing address, and credit card number or Paypal account information. You agree that the information You provide to Me is accurate, current, and complete and that You will keep it accurate, current, and complete at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and You accept responsibility for all activities that occur under Your account. If You believe that Your account is no longer secure, then You must immediately contact us.
4.11 Subscriber Must Have Internet Access. DSL, cable or another high-speed Internet connection is required for proper transmission of the Program Materials. You are responsible for procuring and maintaining the network connections and all software and equipment that may be necessary to connect Your network to the Program, including, but not limited to, "browser" software that supports protocols utilized by the Programs. HEATHER assumes no responsibility for the reliability or performance of any computer networks, connections, or systems not owned or operated by HEATHER.
4.12 Subscribers: Passwords, Access, and Notifications. The Subscriber shall use reasonable efforts to prevent unauthorized access to, or participation in, the Programs and any loss, theft, or unauthorized use of any Subscriber password. HEATHER is not liable for any harm caused by, or related to, the theft of Your password, Your disclosure of Your password, or your authorization to allow another person to access and participate in the using your password. You agree to immediately notify HEATHER of any unauthorized use of Your account or any breach of security known to You. You acknowledge that the complete privacy of Your data transmitted while accessing the Programs cannot be guaranteed.
4.13 Security. HEATHER shall maintain commercially reasonable administrative, physical, and technical safeguards for the protection, confidentiality, and integrity of Subscriber Data. Our collection of information from Subscribers is subject to our Privacy Policy, which is incorporated herein and available at https://thepsychospiritualnurse.com/privacy-policy. You understand that through Your participation in the Programs, You consent to the collection and use (as set forth in the Privacy Policy) of this information.
4.14 Agreement to Pay Fees. You agree to pay for participating in the Programs in accordance with Program fees, as further set forth in Section 7 - Payment Terms; Taxes below.
5. Confidentiality.
5.1 Confidential Information. For purposes of this Agreement, "Confidential Information" shall include Subscriber Data, HEATHER’s business processes and technical product information, designs, issues, all communication between the parties regarding the Programs and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which:
(1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly, without fault of the Receiving Party; (4) the Receiving Party becomes aware of from a 3rd party not bound by nondisclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party; (5) is independently developed by the Receiving Party without use of, or reference to, the Disclosing Party's Confidential Information; or (6) is aggregate data regarding use of HEATHER's services that do not contain any personally identifiable, Subscriber-specific information.
5.2 Non-Disclosure Obligations. Each party agrees: (a) to keep confidential all Confidential Information; (b) not to use or disclose Confidential Information except to the extent necessary to perform its obligations or exercise rights under this Agreement or as directed by the Disclosing Party; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own (at all times exercising at least a degree of care in the protection of such Confidential Information) and (d) to make Confidential Information available to authorized persons only on a "need-to-know" basis. Either party may disclose Confidential Information on a "need-to-know" basis to its contractors and service providers who have executed written agreements requiring them to maintain such information in strict confidence and use it only to facilitate the performance of their services in connection with the performance of this Agreement. Notwithstanding the foregoing, this Section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or a regulation.
6. Ownership of Business. As between HEATHER and You, all title and intellectual property rights in and to the Subscriber Data is owned exclusively by You, provided that in the event HEATHER aggregates and/or anonymizes Subscriber Data resulting from Your participation in the Programs and aggregates such Subscriber Data with that of other Subscribers in a way that does not reveal the Subscriber’s identity or personally identifiable information, HEATHER may use such aggregated and/or anonymized Subscriber Data in the manner and for such purposes as are set forth in HEATHER's Privacy Policy.
7. Payment Terms; Taxes.
7.1 Payment Terms. If You complete the Registration Process to participate in any of the Programs, for all charges associated with the Programs, I will bill the credit card, bank account, or Paypal account that You provided for such purpose. You agree to provide accurate and complete billing information, including valid credit card or Paypal account information, Your name, and Your email address. You will be charged a fee during the Registration Process. Prices established in the Agreement, and in any schedule, exhibit, or related agreement hereto are exclusive of taxes and other fees which may be imposed on HEATHER or You for participation in the Programs.
7.2 Taxes. All fees payable to Me are exclusive of, and do not include, taxes or duties of any kind. You will be responsible for, and will promptly pay, all taxes and duties of any kind, including, but not limited to, any applicable sales tax, use tax, and value added taxes (VAT) or other similar taxes, if any, associated with this Agreement or Your participation in the Programs. If the Subscriber is a tax-exempt organization and is not obligated to pay taxes arising out of this Agreement, the Subscriber will provide HEATHER with any required documentation to verify its tax-exempt status with the applicable taxing authorities.
8. Program Use and Limitations.
8.1 Continuation of the Programs. I will make reasonable efforts to keep the Programs operational 24 hours a day for 7 days a week, except for planned downtime (of which I will use reasonable efforts to provide at least 72 hours prior notice).
8.2 Affirmation of Legal Use of the Programs. You represent, warrant, and agree that You will only participate in the Programs in compliance with all applicable laws and regulations and that You will not use the Programs to violate, infringe, or misappropriate any intellectual property or other proprietary right of any 3rd party (including, without limitation, any rights of privacy or publicity).
9. 3rd Party Products & Services. The Programs may provide You with access to, be integrated with, or contain links or references to, products, services, data, information, sites or other materials which are provided or operated by 3rd parties (collectively, "3rd Party Products or Services"). 3rd Party Products or Services are not under My control, and You acknowledge that I am not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such 3rd Party Products or Services. You shall comply with all 3rd party terms and shall indemnify and hold HEATHER harmless from all damages, costs, settlements, attorneys' fees, and expenses arising from, or related to, Your breach of any 3rd party terms. Any provision by HEATHER of 3rd Party Products or Services, and any exchange of data between You and any 3rd party provider of 3rd Party Products or Services, is solely between You and the applicable 3rd party provider. If You install or enable 3rd Party Products or Services for use with the Programs, You agree that HEATHER may allow such 3rd Party Products or Services to access Subscriber Data as required for the interoperation of such 3rd Party Products or Services with the Programs, and any exchange of data or other interaction between You and a 3rd party provider is between You and such 3rd party provider. The continued availability of the 3rd Party Products or Services is subject to the continued effectiveness and terms of the contract between HEATHER and the 3rd party provider.
10. Disclaimer of Warranties.
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR PARTICIPATION IN THE PROGRAMS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY AND MY SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 I MAKE NO WARRANTY THAT (I) THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO, OR PARTICIPATION IN, THE PROGRAMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THAT ANY DEFECTS IN THE PROGRAMS WILL BE CORRECTED, OR (IV) THAT THE PROGRAMS, OR ANY SERVER THROUGH WHICH YOU ACCESS THE PROGRAMS, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.3 YOU UNDERSTAND THAT IN PARTICIPATING IN THE PROGRAMS, SENSITIVE INFORMATION WILL TRAVEL THROUGH 3rd PARTY INFRASTRUCTURES WHICH ARE NOT UNDER MY CONTROL (SUCH AS A 3rd PARTY'S SERVERS). I MAKE NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH 3rd PARTY INFRASTRUCTURES.
10.4 ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAMS, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME THROUGH OR FROM THE PROGRAMS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limitation of Liability.
11.1 EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR (I) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.3 You and I both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, participation in the Programs, these Terms, or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
11.4 I am not liable for any damages, injuries, or losses arising from the use of My services. Subscribers assume all risks of participation in the Programs.
12. Modification and/or Amendment and Suspension of Programs.
12.1 Modification/Amendment of Programs. I reserve the right to either modify or amend the Programs, including any features therein, at any time WITHOUT NOTICE to You. I shall not be liable to You or any 3rd party should I exercise such rights. If You don't agree with the modified and/or amended Programs, You have the right to reject it; however, such a rejection shall constitute an immediate termination of the Agreement as well as Your right to continued participation in the Programs. If You participate in any of the Programs in any way subsequent to a modification and/or amendment to this Agreement having become effective, such participation constitutes Your agreement to all modifications and/or amendments. Except for modifications or amendments to this Agreement made by Me in accordance with this Section, no other modification or amendment of this Agreement shall be effective unless in writing and signed by both You and I.
12.2 Suspension of Programs. I may suspend all, or any part of, the Programs at any time, with or without reason, including, without limitation, for failure to make a timely payment for the Programs in accordance with this Agreement. You acknowledge that the operation of the Programs may encounter technical or other problems on occasion and may not necessarily continue uninterrupted or without technical or other errors. I shall not be liable to You for any such interruptions, errors, or problems or an outright discontinuance of the Programs. I have no obligation to continue producing or releasing new versions of the Programs.
13. Termination With or Without Cause, Expiration. I may terminate this Agreement at any time, in whole or in part, for any reason (including, without limitation, for Your breach of this Agreement, violation of applicable law, violation of card association rules or regulations, or the threatening or filing of a lawsuit against Me) upon notice to the Subscriber. I may immediately terminate this Agreement issued hereunder in the event the other party commits a material breach of any provision of this Agreement and that breach is not cured within seven (7) days of written notice from Me. Such notice by Me shall expressly state all of the reasons for the claimed material breach in sufficient detail so as to provide the Subscriber with a meaningful opportunity to cure such alleged breach ("Notice"). Upon termination or expiration of this Agreement for any reason, the Subscriber shall have no rights to continue participation in the Programs. If this Agreement is terminated as a result of the Subscriber's material breach of this Agreement, I shall be entitled to all of the Fees due under this Agreement for the entire Term.
14. Subscriber Responsibilities. The Subscriber will comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its participation in the Programs, including, without limitation, those related to privacy, electronic communications, and anti-spam legislation. The Subscribers will not:
(a) Sell, lease, license, or sublicense the Programs; (b) introduce into, or transmit through, the Programs any virus, worm, trap door, back door, and/or other harmful or malicious code, files, scripts, agents, or programs; (c) transmit or store infringing material in the Programs; (d) send any Electronic Communication from the Programs that is unlawful, harassing, libelous, defamatory, or threatening. Except as permitted by this Agreement, no part of the Programs may be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means. The Subscriber agrees not to access the Programs by any means other than through the interfaces that are provided by Me. The Subscriber shall not do any "mirroring" or "framing" of any part of the Programs, or create Internet links to the Programs which include log-in information, user names, passwords, and/or secure cookies.
15. Transmission of Data. The Programs allow the Subscriber to send Electronic Communications directly to Me. The Subscriber understands that the technical processing and transmission of the Subscriber's Electronic Communications is fundamentally necessary to participation in the Programs. The Subscriber expressly consents to My receipt and storage of Electronic Communications and/or Subscriber Data, and the Subscriber acknowledges and understands that the Subscriber's Electronic Communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Me. The Subscriber further acknowledges and understands that Electronic Communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone or other electronic means. I am not responsible for any Electronic Communications and/or Subscriber Data which are delayed, lost, altered, intercepted, or stored during the transmission of any data across networks not owned and/or operated by Me, including, but not limited to, the Internet and the Subscriber's local network.
16. HEATHER's and 3rd Party Providers' Intellectual Property. You agree that all rights, title, and interest in and to all intellectual property rights in the Programs and Documentation (including all PowerPoints, documents, updates, enhancements, and derivative works thereof and thereto) are owned exclusively by Me or My licensors. Except as provided in this Agreement, the time-limited access license, in the nature of a subscription, granted to You does not convey any rights in the Programs, express or implied, or ownership in the Programs or any intellectual property rights thereto. As between the parties, I own all intellectual property and other proprietary rights to the Programs, including, but not limited to, the PowerPoint’s, documents, design, artwork, logos, functionality, and documentation relating thereto (collectively, “HEATHER's Property"). In addition, I shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into the Programs any suggestions, enhancement requests, recommendations, or other feedback provided by Subscribers relating to the operation of the Programs. Any rights not expressly granted herein are reserved by HEATHER. My service marks and trademarks, logos, and product and service names are marks of HEATHER (“HEATHER's Marks"). You agree not to display or use HEATHER’s Marks in any manner without HEATHER's express prior written permission. The trademarks, logos, and service marks of 3rd Party Application providers ("Marks") are the property of such 3rd parties. You are not permitted to use these Marks without prior written consent of such 3rd party who may own the Marks.
17. Indemnification.
17.1 Subscriber's Indemnity. You agree, at Your own expense, to indemnify, defend and hold harmless HEATHER, Her licensors and their respective directors, officers, employees, and agents from and against all demands, liabilities, losses, claims, and expenses, including, but not limited to, attorneys' fees and disbursements, arising out of (i) Your or any authorized or unauthorized 3rd party's participation in the Programs, (ii) 3rd party claims, actions, or allegations of infringement based on information, data, or content You submitted in connection with the Programs, (iii) any fraud or manipulation, or other breach of this Agreement by You, (iv) 3rd party claims, actions, or allegations brought against HEATHER arising out of Your participation in the Programs, or (v) for any claim whatsoever resulting from You or Your affiliates', employees', contractors' or agents' breach of the Children's Online Privacy Protection Act (COPPA) or the Health Insurance Portability and Accountability Act (HIPAA) or any other state or federal medical privacy or electronic privacy laws. HEATHER reserves the right, at Her own expense and in Her sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
17.2 Indemnification Procedures and Survival. In the event of a potential indemnity obligation under this Section, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such claim; (ii) allow the indemnifying party to have sole control of its defense and settlement; and (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party's cost and expense, with the indemnifying party in the investigation, trial, and defense of such claim and any appeal arising therefrom. The indemnification obligations under this Section are expressly conditioned upon the indemnified party's compliance with this Section. The indemnification obligations contained in this Section shall survive termination of this Agreement for the latter of the conclusion of a claim or one (1) year.
18. Suspension; Discontinuation of Hosted Service.
18.1 Suspension for Delinquent Account. HEATHER reserves the right to suspend Your and any of Your affiliates' access to, and/or participation in, the Programs for any accounts for which payment is due but unpaid without notice. You agree that HEATHER shall not be liable to You or to any of Your affiliates or other 3rd party for any suspension of access to the Programs pursuant to this section.
18.2 Suspension for Ongoing Harm. You agree that I may suspend access to the Programs at any time and WITHOUT NOTICE if I reasonably conclude that Your participation in the Programs: (i) is being used to engage in denial of service attacks, spamming, or illegal activity; or (ii) is causing immediate, material, and ongoing harm to HEATHER or others. In the extraordinary event that HEATHER suspends Your access to the Programs, HEATHER will use commercially reasonable efforts to resolve the issues causing the suspension of the Programs. You further agree that HEATHER will not be liable to You or any 3rd party for any suspension of access to the Programs under such circumstances as described in this Section.
19. Refund Policy. If this Agreement is terminated by Me without cause, You will receive a refund for the remaining portion of Your Program. With the exception of the termination of Your Program by Me without cause, You acknowledge and agree that any purchase involving the Programs are final and non-refundable.
20. Waiver of Class Arbitration or Actions. Any claims that You or HEATHER assert under these Terms will be brought on an individual basis only and not on a class, consolidated, representative, or collective basis. Only individual relief is available for controversies and claims arising out of, or relating to, these Terms, or any breach thereof, and You and HEATHER agree that class arbitrations and class actions are not permitted under any circumstances. You understand that by agreeing to these Terms, You and HEATHER are waiving the right to participate in any form of class arbitration and/or class action.
21. International Use. Although the Programs may be accessible worldwide, I make no representation that materials in the Programs are appropriate or available for use in locations outside Mexico, and accessing them from territories where their contents are illegal is prohibited. Those who choose to participate in the Programs from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any service and/or information made in connection with the Programs is void where prohibited.
22. General Provisions.
22.1 Notices. All notices to a party shall be in writing and shall be made either via email, conventional mail, or by posting the notice on the Programs. Notices to Me must be sent to heather@thepsychospiritualnurse.com, if by email, or to The Psycho-Spiritual Nurse, Vincente Guerrero 126, Independencia, 48327 Puerto Vallarta, Jal., Mexico, if by conventional mail. Notices to You may be sent either to the email address supplied for Your account or to the address supplied by You as part of the Registration Process. In addition, I may broadcast notices or messages through the Programs to inform You of any changes to the Programs or other matters of importance, and such broadcasts shall constitute notice to You.
Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) on the delivery date if transmitted by confirmed facsimile; or (4) on the delivery date if transmitted by confirmed email. Either party may update its address or email address for notice purposes via a notice delivered in accordance with this paragraph.
22.2 Costs and Attorney's Fees. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees.
22.3 Limitation. Any cause of action brought by You against Me must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
22.4 Severability. If any part of these Terms is held invalid or unenforceable, the parties agree that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
22.5 Headings. The headings in this Agreement are for Your convenience of reference only and have no legal effect.
22.6 No 3rd Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of You and HEATHER, and is not intended to benefit any 3rd party. Only the parties to this Agreement may enforce it.
22.7 Assignment. You may not assign, transfer, or delegate any rights and obligations under this Agreement to any other party without the prior written consent by Me, except You may assign or transfer all or any portion of Your rights or responsibilities under this Agreement by operation of law or otherwise to any other party in connection with a merger, acquisition, reorganization, or a sale of substantially all of Your assets without prior notice to Me. Any assignment in violation of this Agreement shall be void and of no force and effect. I may freely assign My rights and obligations under these Terms. All the terms and provisions of this Agreement will be binding upon, and inure to, the benefit of the parties, their successors, and permitted assigns.
22.8 Subcontracting. I may subcontract My obligations hereunder (provided that I shall at all times remain fully responsible for the performance of any subcontractor).
22.9 Relationship. Each party hereto is an independent contractor, and neither party is, nor will claim to be, a legal representative, partner, franchisee, agent, or employee of the other. This Agreement sets forth the parties' entire liability and exclusive remedies relating to this Agreement and the Programs provided to You under this Agreement.
22.10 Force Majeure. In addition to any excuse provided by applicable law, both parties shall be excused from liability for failure or delay in performance of any of its obligations under this Agreement (except for the payment of amounts due hereunder) to the extent that such failure or delay is caused by circumstances beyond its reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, riot, flood, accident, adverse weather, natural disaster, governmental act or regulation, internet or telecommunication failures, terrorist acts, or other causes or events beyond such party's reasonable control, whether or not similar to those enumerated above, provided that the nonperforming party gives notice of such condition and continues or resumes its performance of such affected obligation to the maximum extent and as soon as reasonably possible
22.11 Assent to Agreement. The Subscriber's completion of the Registration Process shall constitute assent to the provisions of the Terms.
22.12 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement and understanding between You and I concerning the subject matter hereof and supersedes any and all previous agreements and understandings of the parties with respect thereto, whether written or oral, between You and I, including previous versions of this Agreement. These Terms may be modified or amended by Me as set forth above in Section 12.1 - Modification/Amendment of Programs. These Terms may NOT be modified or amended by You by the use of any other document(s). Any attempt by You to alter or amend this document shall be null and void unless otherwise agreed to in a written agreement signed by Me. To the extent that anything in, or associated with, the Programs is in conflict or inconsistent with these Terms, these Terms shall take precedence.
22.13 The Applicable Terms. If I make a material change to any applicable contract terms contained in a URL, I will notify You by either sending an email to the notification email address, sending conventional mail to the physical address that You provided Me with or by posting a notice on the Programs. If the change has a material adverse impact on You and You do not agree to the change, You must so notify. If You notify Me as required, then Your subscription to Your Program will be terminated immediately upon receipt of the notice from You.
22.14 No Waiver of Rights or Provisions. Any failure of HEATHER to enforce or exercise any provision of the Agreement shall not constitute a waiver of that right or provision.