Read the Terms and Conditions.
TERMS OF SERVICE
Thank you for purchasing. All sales are final for this course ("Product"). By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Melissa Chernow ("Owner") in her capacity as owner of The Melrose Collective LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
INTRODUCTION
The Melrose Collective LLC (“Company”) is a company that provides individuals with online courses and other educational materials. Company has created Product to educate Customer on relaxing and nourishing meditations and practices. The Product is a digital download.
2. TERM & TERMINATION
Term - This Term of this Agreement shall be one year from the date of initial purchase, with the exception of Sections 6 through 11, which shall survive the Term of this Agreement.
Termination - Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.
3. DISCLAIMERS
The Company is not a doctor, nurse, board certified physician, registered dietician, physical therapist, occupational therapist, behavioral therapist, psychiatrist, psychologist, therapist, master of science in nutrition, certified personal trainer, hypnotherapist, state licensed mental healthcare provider, employee, manager, or other licensed health care provider.
Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding creating presence, but it is the responsibility of the Customer to make the final decision and choose the best option for his/herself.
Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of creating presence. Through the Product, the Company might provide guidance regarding meditations and somatic exercises, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client agrees to not use the Product or the practices within the Product while driving or operating heavy machinery.
Client hereby acknowledges that the information shared in Product are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions.
Customer also understands that the Product is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body, which falls under the jurisdiction and expertise of licensed medical health care providers. Customer also understands that “healing” as it relates to energy and somatic work is different as it relates to medical or physical needs. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Company. From time to time, it is possible that energy that is relieved or moved during sessions may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Program. As such, all methods used by Company are merely experimental and cannot promise to deliver specific results or achieve specific outcomes. Customer hereby assumes and accepts all risks associated with the Program described herein.
This Product does not include: 1) individualized advice and feedback; 2) medical advice 3) therapy sessions in the form of psychotherapy, psychoanalysis, behavioral therapy, or physical therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of presence that Customer generates by implementing techniques and advice provided by Course. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with creating more presence or calm. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.
4. PROGRAM SPECIFICS
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company.
This Product may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Company. Access to this Product is currently through a third-party platform, Find Community, Inc. (dba Stan). Company is not liable for any limitation of access to the Product caused by Stan.
5. CLIENT’S RESPONSIBILITIES
The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Program.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
Completion of all Product material
Thoughtful and meaningful participation in community space
Taking 100% responsibility for Customer’s results, 100% of the time.
6. PAYMENT & FEES
(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
(b) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
(c) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product.
(d) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
(e) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Program is revoked.
7. REFUND POLICY
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.
8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
Non-Disparagement - Client agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
Artificial Intelligence - Customer agrees, during and/or after use of Product, to refrain from using artificial intelligence programs and services to reproduce, manipulate, summarize, or otherwise work alongside the Program. Client understands that using Artificial Intelligence to modify the Program in any way results in termination of Program use.
9. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
Copying any of Company’s Product content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
10. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Program or use of the practices in the Program including but not limited to: a medical decision, a dental decision, a decision to work with or cease work with any medical provider, a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
11- Access to this Product is currently through a third-party platform, Find Community, Inc. (dba Stan) Company is not liable for any limitation of access to the Product caused by Stan. The Company shall use commercially reasonable efforts to restrict unauthorized access to data and files. However no system whether or not password protected can be entirely impenetrable. Client acknowledges that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files stored using the Stan. Use of the Site is completely at your own risk.
11. MISCELLANEOUS
A. Amendments - We reserve the right to amend this Agreement from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of New Jersey.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Maximum Damages - Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
H.Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I understand and agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.
