The Don’t Beat Around the Bush Sexual Position Guide

TERMS OF USE

 

The Don’t Beat Around the Bush Sexual Position Guide (“Program”) is offered by Hayley Kava PT, MPT LLC (“Company”).

Program consists of the services, products, materials, content, courses, coaching, meetings, communication, and any other items Company is providing you, specific to your purchase, as a result of your purchase, as further outlined in Section IV, Program and Program Delivery. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company.

1. AGE AND ACCESS

You agree that you are 18 years of age or older. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to Program, are unique to you. Sharing your Program log-in information will result in automatic termination from Program, as outlined in Section XVIII, Termination.

III. TERM

Program begins on time of purchase and your access to the content of the guide is as long as hayleykavapt.com hosts the webpage

1. PROGRAM AND PROGRAM DELIVERY

Program consists of a video guide delivered via Kajabi.

Company will also provide you access to digital materials for your personal use (“Program materials”). These materials will be existing inside the program guide.

If Company needs to change the content or availability of content. Company will let you and other guide participants know as soon as possible.

During the Term, Company will be available to you via email, Monday through Friday, 9 am to 5 pm EST, and will respond to your emails during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours.

1. YOUR DUTIES AND RESPONSIBILITIES

1. You agree that your successful participation in Program requires that you complete the viewing of the recordings
2. You agree to communicate with Company honestly and promptly where necessary.
3. You agree to engage in the Program to the fullest extent possible.
4. You understand and agree that your degree of success in Program is dependent on your commitment and consistency.
5. You agree that you are solely responsible for implementing any techniques or changes recommended by Company.
6. You agree to act respectfully towards Company and other Program participants. You agree not to make any harassing, derogatory or demeaning comments to Company or about Company or Program participants in any Program forums, including Company’s webpage and all Company social media platforms.

1. FEES

The total fee for the program is $24.99 for early waitlist access and $49.99 for those not on the waitlist or in attendance of the MAMASTEFIT WEBINAR

VII.       PAYMENT TERMS

You have the option to pay for Program via stripe through Company’s website, or through a third party payment processor. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information is processed in accordance with our Company Privacy Policy.

Payment in Full

You will pay Company in full prior to start of Program. You will not be enrolled in Program, nor have access to any Program materials, until Company has received your payment in full.

VIII.      PAYMENT FAILURE

You will not have access to Program or any Program materials unless and until the full balance owed is paid.

1. REFUND POLICY

Program is offered to you as is. No refunds will be issued for any reason. 

1. CHARGEBACKS

You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.

1. RELATIONSHIP OF PARTIES

You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.

XII.       INTELLECTUAL PROPERTY

You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:

1. Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
2. All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company
3. Any other form of Company-created information available to you immediately prior to Program and during Program.

Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use.

You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.

XIII.      PROGRAM AND WEBSITE INTERRUPTIONS

Company cannot guarantee that our website, and the Program materials available on and through Company’s website, will be available at all times. Company may experience technical problems, or Company’s website may be temporarily down for maintenance purposes, that may result in your inability to use Company’s website. You agree that we are not liable or responsible for any damages stemming from your inability to access our website.

XIV.     DISCLAIMER

Program is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk.

Medical Disclaimer

Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.

Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program. You are solely responsible for any decisions you make from the information provided in our Program.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Program participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

Other Professional Disclaimer

Program, Program materials, and Content are not business, financial, or legal advice, and should not be construed or relied on as such. The information provided in Program, Program materials, and Content is intended only for informational purposes. It is not a substitute for consultation with a relevant professional. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.

You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

1. WARRANTY

Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials,  or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.

XVI.     NO TRANSFER OR ASSIGNMENT

You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at [email protected] as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.

XVII.    MODIFICATION

You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.

XVIII.   TERMINATION

Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:

1. Fail to pay amount due even after Company’s assessment of late fees
2. You are derogatory, defamatory, abusive, uncooperative and/or fail to follow Program guidelines
3. Share personal, private information shared in confidence by Program participants in a Program forum, outside of Program forum
4. Share your Program log-in information with another person so they can access Program and/or Program materials
5. Any other behavior that violates these Terms of Use, at Company’s sole discretion.

You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for the remainder of the cost of the Program as outlined in Section IX of these Terms of Use.

XIX.     LIMITATION OF LIABILITY

To the fullest extent allowed by law, Company is not liable and does not accept responsibility for any losses or damages caused by or resulting from your purchase of or participation in Program, or your use of Program materials and/or Content. By participating in Program and using Program materials and Content, you agree that that you are solely responsible for any results derived from said participation and use. You assume any and all risks. You agree that Company is not liable for any direct, indirect, consequential, punitive, or any other damages, arising out of your purchase of or participation in Program and your use of Program materials and/or Content, even if Company has been advised of the possibility of such damages.

You agree to this limitation of liability and release Company from all claims.

1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”),  from any and all actions, claims, damages, fees and expenses, including attorney’s fees, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates to you during Term. You shall defend Company and Company’s Affiliates in any legal actions pursuant to or arising out of these Terms of Use. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.

By payment for and in consideration of your participation in Program, you agree to waive, discharge, release, defend, indemnify and hold harmless Company and Company’s Affiliates from any actions, causes of action, claims, demands, costs, fees, expenses or damages, in law or equity, arising from your purchase of and participation in Program, and delivery of the Program.

XXI.     GOVERNING LAW/DISPUTE RESOLUTION

In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in North Carolina in the United States of America. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of North Carolina in the United States of America.

XXII.    FORCE MAJEURE

Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way, and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.

XXIII.   SEVERABILITY

If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.

XXIV.   ENTIRE AGREEMENT

These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.