TERMS OF SERVICE
Please READ Carefully
By purchasing this product you (herein referred to as “Client” or “You”) agree to the following terms stated herein:
PROGRAM/SERVICE
Pediatric Healing Arts, Inc. (herein referred to as “Company”) agrees to provide “Wellness Coaching Session” (herein referred to as “Call”). The purpose of the Call is to provide information to the Client on traditional Chinese medicine, acupressure, herbal medicine, supplements, phototherapy, food therapy, energy clearing, and natural remedies.
DISCLAIMER
Client understands Robin Green (herein referred to as “Consultant,” “Coach,” “Instructor” or “Robin”), is not an employee, agent, lawyer, doctor, manager, business manager, registered dietician, financial analyst, psychotherapist, accountant, nutritionist, psychologist, or other licensed or registered professional. Consultant will NOT act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy.
Client understands this Call will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.
Client understands if they should experience any such issues they should see their registered physician or other practitioner or recommend to their patient to do the same as determined by their own judgment.
Client understands that the information in this Call is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Company and Coach are not responsible for any loss, property damage, death or bodily injury, caused by use or interpretation of any information in the Call. To the maximum extent permissible under applicable law, Company and Coach will not be responsible for claims by you or any direct or indirect third party claims (direct, indirect, special or consequential, economic or other damages), death or bodily injury arising directly or indirectly from the use or interpretation of information contained in this Call.
FEES/ METHODS OF PAYMENT
Client agrees to pay the total amount as indicated in the payment area on the Website “Shopping Cart.”
The Total fee for a 45-Minute Follow Up Wellness Coaching Call is two-hundred seventy-five dollars ($275.00 USD). Total fee for a package of 4 45-Minute Follow-Up Wellness Coaching Call is one thousand dollars ($1000.00 USD).
Client authorizes the Company to charge Client’s credit card or debit card.
REFUNDS
Client understands all sales are final. Refunds are at the sole discretion of the Company.
CONFIDENTIALITY
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 in any manner other than in discussion with the Company or personal use. 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, Client 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.
NON-DISCLOSURE OF CALL MATERIALS
Material given to Client in the call of Client’s work with the Company is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Client are for Client’s individual use only. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
All intellectual property, including Company's copyrighted materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Company's materials is granted or implied.
Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company.
Further, Client agrees that if Client violates, or displays any likelihood of violating, any of the 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.
CLIENT RESPONSIBILITY
Call is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Call. Company makes no representations, warranties or guarantees verbally or in writing.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
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, pandemics or local/global health crisis, virus or outbreak, labor strike or civil disturbance, make it inadvisable, illegal, unethical, unhealthy, or impossible, either because of unreasonable increased costs or risk of injury, for Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
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.
MISCELLANEOUS
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Call is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way, as well as the venue where the Calls are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. 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 Company’s services or enrollment in the Call. Company assumes no responsibility for errors or omissions that may appear in any of the Call materials.
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.
ASSIGNMENT. This Agreement may not be assigned by Client without express written consent of the Company.
TERMINATION. Company is committed to providing the Clients with a positive Call experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Call without refund if Client become disruptive to Company, difficult to work with, or upon violation of the terms.
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 product(s), 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.
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 the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
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.
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: robin@robinraygreen.com
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. 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.
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.
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America.
