PROGRAM TERMS OF ENROLLMENT

The following Terms of Enrollment govern your participation in the program described below (the “Program”) presented by Kristen Wheeler, d/b/a Native Genius®, (“Company,” “we,” “us,” or “our”).  Please read these Terms of Enrollment carefully.

By participating in the Program -, you agree that your use of the Site, participation in the Program, and use of any and all materials provided in connection with the program, audio, video, written or otherwise, whether provided digitally or in hard copy (“Program Materials”) is governed by the terms and conditions below, together with our Terms of Service and Privacy Notice, copies of which are available for review on our website.

1. The Program

The Program for which you are enrolling is our Virtual Lab program, a description of which is available at  http://NativeGenius.com/Lab

2. Your Participation

In order to ensure that the Program is a positive experience for all participants, we may, at our sole discretion, limit, suspend, or terminate your participation in the Program, whether live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

• you become disruptive or difficult to work with;
• you fail to follow the Program guidelines; or
• you act in a manner that impairs the participation of any Program instructor or participant.

 

3. Email List 

By registering for this course you agree to receive emails from us. This will enable us to send you notifications for the Program, and also news and announcements via our general email list that we think you will be interested in. You can easily unsubscribe at any time. 

4. Content Policy

You agree to the following regarding the content of the Program and the Program Materials:

• The Program content and the Program Materials are intended for a general audience and do not purport to be, nor should they be construed as, specific advice, tailored to any individual.
• The Program content and Program Materials (including slides, exercises, and worksheets) are for your personal use only and may not be used in any other manner or copied, reproduced, sold, recorded, videotaped, shared, taught, given away, or otherwise distributed or divulged without the express written consent of Company. For the avoidance of doubt, “personal use” includes the right to participate in the Program, but does not include the teaching of such skills, knowledge and techniques or any other content of the Program.
• The information contained in the Program Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in these materials, you are taking full responsibility for your actions.
• We assume no responsibility for errors or omissions in any Program Materials.

5. Privacy

We respect your privacy and require that you respect the privacy of fellow Program participants. As such, while you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in strict confidence.

6. Fees

You agree to pay us the fees for the Program described at http://NativeGenius.com/labs at the times and in the manner described.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OUR SERVICES, THE PROGRAM, THE PROGRAM MATERIALS,  OR THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR OTHER CONDUCT OF ANY USER OR PROGRAM PARTICIPANT.

IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE PROGRAM AND/OR USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, IN THE AGGREGATE, BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH OUR PROVISION OF SERVICES, THE PROGRAM, THE PROGRAM MATERIALS OR THE SITE IN EXCESS OF THE FEES PAID BY YOU FOR THE PROGRAM.

8. Disclaimer

We make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness for any purpose of the Program, the Program Materials or the Site. All information provided by us is sold and provided on an “as is” basis.  We do not promise or guarantee any income or particular result from your participation in the Program or your use of the information contained on the Site or in the Program Materials. Those results are your responsibility as the end user of the Program.  Any and all statements by us regarding potential business or financial benefits of participating in the Program are not guarantees and are dependent entirely on factors outside of our control, including, without limitation, your efforts and the general business environment.

The information presented by the Program, Program Materials and Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information may therefore use this content as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own advisors.

Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

9. Program Materials License 

You acknowledge that, as between you and the Company, all ownership rights in and to the Program Materials are held exclusively by the Company. Your use of and access to the Program Materials is on a licensed basis only. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive, non-transferable right, license and privilege to use the Program Materials solely for your personal use, with no right to sublicense.

You agree that you will neither attack the ownership of the Company in and to the Program Material nor attack the validity of the license granted hereunder. You agree that you will at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks or service marks, trade secrets, the name, likeness or image of Kristen Wheeler or, except as provided by such license, any of the company’s copyrights, copyrighted material, or any derivative uses thereof or other rights or intellectual property of any kind.  You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in the Program Materials or the Company’s other intellectual property.

10. Image Release

You grant us the irrevocable right to use photographs and/or video recordings of you taken or made during the Program on our websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation. You acknowledge and agree that you may be identified by name and/or title in printed, Internet or broadcast information that might accompany such photographs and/or video recordings and you waive the right to approve the final product.  You agree that all pictures, photographs, video and audio recordings, and any reproductions thereof, and all files and media containing the same are and shall remain our property. Further, you release, acquit and forever discharge us and our owners, agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy or appropriation of likeness.

11. Violations

If you violate any of the terms contained in these Terms of Enrollment, the Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it, by operation of law, including, without limitation, the right to receive compensatory damages. Further, in such event and not in limitation of the foregoing, the Company may terminate your right to participate in the Program and your access to the Program Materials and the Site, all without refund or forgiveness of any remaining payment obligations. In the event that you use the Program Materials or Program content other than for your personal use or you copy, reproduce, sell, record, videotape, share, teach, give away, or otherwise distribute or divulge the Program Materials or Program content, you agree that the Company may seek and obtain injunctive relief to enjoin you from such conduct.

12. Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Denver, Colorado, to be resolved in accordance with the laws of the state of Colorado.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

You may resolve disputes with us only on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Denver, Colorado, to be resolved in accordance with the laws of the state of Colorado.

If you have any questions regarding the Terms & Conditions, please contact Native Genius® by sending an email to [email protected].

KRISTEN WHEELER, d/b/a Native Genius®