Our Terms and Conditions + Waiver
Terms and Conditions
We’re pleased to help you achieve your goals through our workshops, presentations, events, activities, programs, consultations, online and in-person courses, and coaching (each a “Program”). Thanks for enrolling in one of our valued Programs!
Employer-sponsored subscription: if your employer purchased your subscription, you will receive information about creating your online profile, login, and password. All employees’ subscriptions and access to the Program will end 180 days after the Program “start date”. If you do not know the Program’s start date, please ask your employer.
Subscriber-paid subscription: if you purchased your subscription, you will pay a one-time fee of $120. You can change your billing information through the “manage my account” section on our online portal.
The following Terms and Conditions constitute our “Agreement” and govern your attendance and/or participation in our Program.
Article 1 – DEFINITIONS; PROGRAM DETAILS:
A) The parties to this Agreement are defined as follows:
I) “Program Provider”, “us”, “we”: Program Provider, as the creator and operator of the Program, is responsible for providing the Program. Program Provider, us, we, our, ours, and other first-person pronouns will refer to the Program Provider, as well as, if applicable, all employees, agents, and affiliates of the Program Provider.
II) “You”, “attendee”, “participant”: You, as the attendee of or participant in the Program, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as attendee or participant. If you are an employer/company, then ‘attendees’ and ‘participants’ include your employees.
III) “Parties”: Collectively, the parties to this Agreement (Program Provider and you) will be referred to as “Parties” and individually as “Party”.
B) The Program details are as follows:
I) Program Name: “The Breast Education Overview”.
II) Program Description: online access to videos and other materials, to learn, discuss and share breast cancer stories, and practical suggestions and tips. Our video course presenters include a team of healthcare providers, breast cancer survivors, an emcee, and our founder. The Program emphasizes breast cancer awareness and self-exams.
III) Total Fees (“Fees”): as set forth at the outset of this Agreement. You shall not receive any fee, compensation, markup, or otherwise profit from the Program.
IV) Program Location: online
Article 2 – ACCEPTANCE:
By attending or participating in the Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not attend or participate in the Program or cease your attendance and participation, if ongoing. Program Provider only agrees to provide the Program to you if you acknowledge your acceptance of this Agreement.
Article 3 – NO REFUNDS:
Refunds are not available for the Program.
Article 4 – LICENSE TO ACCESS AND USE MATERIALS:
We may provide you with certain information when you access the Program through our Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Program (“Materials”). We grant you a non-exclusive, limited, non-transferable, and revocable license to use the Materials solely in connection with your participation in the Program and use of the Website. The Materials may not be used for any other purpose, and this license terminates upon completion of the Program, cessation of use of the Program or the Website, or upon termination of this Agreement. You may not share or sell the Materials to anyone else. Only you may solely and exclusively view the Materials, for personal use.
Article 5 – PROGRAM TERMS:
If your employer paid for your subscription: you can begin accessing the Materials on the Program Start Date, and you must complete the Program by the specified Program End Date. Please ask your employer for that information.
We do not offer any promises or guarantees with regard to our Program or Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Program, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Program;
D) This Program does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
E) As a condition for participating in the Program, you will execute and deliver to Program Provider its “Waiver and Release” in the form attached as Exhibit “A”.
F) The Program and any accompanying Materials may not be shared with any party. If we suspect that the Program or Materials are being shared and/or that you have shared any online “log-in” credentials with any party, we reserve the right to immediately terminate your access to the Program, in our sole and exclusive discretion, without refund of any monies paid for the Program.
Article 6 – MEDIA RELEASE:
You acknowledge and agree that during the Program, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Program, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Media (as defined below), by the Program Provider, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
“Released Media” includes, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness during the Program by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation, and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium your known or previously known location, email or physical address, or any other contact details, such as phone number.
Article 7 – INTELLECTUAL PROPERTY:
You agree that the Materials, the Program, any online properties belonging to the Program Provider (such as websites, social media pages, etc.), and any other such created intellectual property is the property of the Program Provider, including all copyrights, trademarks, trade secrets, patents, and any other intellectual property (“Provider IP”). You agree that the Program Provider owns all right, title, and interest in and to the Provider IP and that you will not use the Provider IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Provider IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Program Provider.
Article 8 – PAYMENT & FEES:
All Fees are due and payable upon your registration in the Program. No payment plans or installment plans are available.
Article 9 – ACCEPTABLE USE:
You agree not to:
A) Harass, abuse, or threaten others or otherwise violate any person’s legal rights;
B) Violate any intellectual property rights of the Program Provider or any third party;
C) Perpetrate any fraud;
D) Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
E) Publish or distribute any obscene or defamatory material;
F) Publish or distribute any material that incites violence, hate, or discrimination towards any group;
G) Unlawfully gather information about others.
Article 10 – AFFILIATE MARKETING & ADVERTISING:
We may engage in affiliate marketing whereby we receive a fee, payment, or compensation for the sale of goods or services in conjunction with the Program. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the U.S. Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Article 11 – NO LIABILITY:
The Program is provided for informational purposes only. You acknowledge and agree that any information received by you as a result of or through the Program, or in the Materials, is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Program is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Program.
Article 12 – INDEMNIFICATION:
You agree to indemnify, defend and hold harmless the Program Provider, its employees, agents, and affiliates from and against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Program, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 13 – TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We may also deny your entry into any Program event, at our sole and exclusive discretion. If we do so without cause, any funds paid will be refunded pro-rata. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
This Agreement will otherwise terminate at the conclusion of the Program.
Article 14 – NO WARRANTIES:
You agree that your participation in the Program is at your sole and exclusive risk and that any services provided by us are on an “As Is, Where Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Program will meet your needs. We also make no warranties as to the reliability or accuracy of any information in the Program. You agree that any damage that may occur to you, or as a result of loss from your participation in the Program, is your sole responsibility and that we are not liable for any such damage or loss.
Article 15 – LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Program, to the fullest extent permitted by law. The maximum liability of Program Provider arising from or relating to this Agreement is limited to One Hundred Dollars ($100). This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 16 – GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Program, you agree that the laws of Colorado shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Douglas County, Colorado. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Douglas County, Colorado. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Colorado. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitration claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by Program Provider, the rights and liabilities of Program Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any provision of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining provisions will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. Program Provider is an independent contractor.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org________________. You may also find us at the following web address: https://nightoutwiththegirls.com/ .
K) NOTICES: Notices shall be in writing to the Party’s respective address set forth elsewhere in this Agreement. Notices shall be given by hand delivery, by nationally-recognized overnight courier (e.g., FedEx), or by U.S. Postal Service (certified or registered mail, return receipt requested).
Article 17 – FEEDBACK, COMMENTS, QUESTIONS:
We welcome comments, questions, input, and feedback regarding the Program Provider and its presenters. We may provide comment cards, questionnaires, and/or surveys for that purpose.
Article 18 – OUR MARKETING:
We may contact and market to all participants and attendees, whether in person, in writing, online, electronically, or otherwise. We may, at our expense, prepare, provide and distribute marketing and other materials, such as brochures, pamphlets, flyers, advertisements, handouts, resumes, business cards, and links to our website and other programs, and products.
Article 19 – YOUR OBLIGATIONS:
As a subscriber for the Program, you will need to register with us. When you do so, you will choose a user identifier, which may be an email address or another term, as well as a password. You may also be asked to provide personal information, including (but not limited to) your name. You are responsible to ensure the accuracy of this information. This identifying information will enable participation in the Program. You must not share your identifying information with anyone, and if you discover that their identifying information has been compromised, you must notify us immediately in writing (email will suffice). You are responsible for maintaining the safety and security of identifying information as well as keeping us apprised of any changes.
If you provide us with billing information, then that information, including credit card, billing address, and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Program or the Website to further fraud or unlawful activity, are grounds for immediate termination of this Agreement.
Article 20 – UNACCEPTABLE USE:
You will not use the Program or Website for any unlawful purpose or any purpose prohibited by this Agreement. Participants will not use the Program or Website in any way that could damage the Program, Website, Services, or general business of the Program Provider.
You further agree not to use the Program or Website:
A) To harass, stalk, abuse, or threaten others, or otherwise violate any person’s legal rights;
B) To violate any intellectual property rights of the Program Provider or any third party;
C) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
D) To perpetrate any fraud;
E) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
F) To publish or distribute any obscene or defamatory material;
G) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
H) To unlawfully gather information about others.
Article 21 – REVERSE ENGINEERING & SECURITY:
You shall not: (A) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Program or Website; or (B) Violate the security of the Program or Website through any unauthorized access, circumvention of encryption, or other security tools, data mining or interference to any host, user or network.
Article 22 – DATA LOSS:
We do not assume or accept responsibility for the security of any participant’s account or content. Participation in the Program or use of the Website is at your sole risk.
Article 23 – ANTI-SPAM POLICY:
You are strictly prohibited from using the Program or Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 24 – SERVICE INTERRUPTIONS:
We may need to interrupt access to the Program to perform maintenance or emergency services on a scheduled or unscheduled basis. Although access to the Program and/or Website may be affected by unanticipated or unscheduled downtime (for any reason), we shall not have any liability for any damage or loss caused as a result of such downtime.
Article 25 – MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
Last revised on July 19, 2021
Waiver and Release of Liability
In consideration for participating in OWNMY “GIRLS”, LLC (“NOWTG”) workshops, presentations, events, activities, programs, consultations, courses (both online and in-person), and coaching (each a “Program”), I, for myself, my executors, administrators, heirs, and anyone entitled to act on my behalf, hereby waive, discharge, and covenant not to sue NOWTG, its principals, officers, directors, shareholders, partners, managers, members, affiliates, sponsors, employees, licensees, officers, volunteers, their successors, and all cooperating businesses and organizations, the event site, organizers, or their representatives, for any and all liability, claims, demands, damages, causes of action, losses, or expenses arising out of my participation in the Program and any related activities.
I understand and acknowledge that the information provided during a NOWTG Program is for informational and educational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by my own physician or other licensed or registered physical or mental health care professional.
I understand that nobody associated with NOWTG is providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body during a NOWTG Program.
NOWTG’s representatives are not therapists or counselors.
I agree that I will seek the advice of my physician or another qualified health care professional if I have questions or concerns about my specific health situation.
I acknowledge that I am solely and personally responsible for my choices, actions, and results, now and in the future. I accept full responsibility for the consequences of my use or non-use of any information provided before, during, or after a NOWTG Program, and I agree to use my own judgment and due diligence before implementing any idea, suggestion, or recommendation from a Program.
I agree that I have not been given any guarantees as to a specific outcome or result that I can expect from using the information I receive from a Program.
I understand that I may be photographed, filmed, or videotaped in connection with my involvement with a NOWTG Program. I hereby irrevocably grant to NOWTG, its affiliates, licensees, and collaborators, the absolute right and permission to distribute, publish, exhibit, digitize, broadcast, display reproduce, photograph, videotape, or otherwise use my name, picture, portrait, voice, or likeness, and audiotape and/or videotape recordings and sound of me in any manner or media whatsoever anywhere in the world in perpetuity for any lawful purpose whatsoever, including without limitation, for editorial, educational, promotional, and advertising purposes. I hereby release and discharge NOWTG, and its employees, agents, affiliates, representatives, assigns, and all persons acting under its permission or upon its authority, from any and all claims and demands arising out of or in connection with the use of my name, likeness, image, voice, and/or appearance, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation. I further agree that NOWTG shall be the exclusive owner of all copyright and other rights in such media and that I will not receive any compensation for the use of such images, video, likeness, etc.
This Waiver and Release of Liability shall be governed and construed in accordance with the laws of the state of Colorado. If any provision of this Waiver and Release of Liability is deemed unenforceable, the remaining provisions shall continue in full force and effect.
I have carefully read this Waiver and Release of Liability and fully understand its contents. I am at least 18 years of age and am competent to contract on my own behalf. If the attendee/participant is under the age of 18, I am his/her legal guardian and I am signing this on his/her behalf. I am aware that this is a release of liability and a binding contract between myself and the persons and entities mentioned above and I am signing it of my own free will. I understand that I am giving up substantial rights, including my right to sue and the rights of my heirs to sue on my behalf. I acknowledge that I am signing this Waiver and Release freely and voluntarily, and that I intend by my signature to be a complete and unconditional release of all liability to the greatest extent permissible by law.