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Old HAPPINESS DYNAMICS TERMS OF PURCHASE

 

Terms of Use 

 

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Happiness Dynamics (hereinafter referred to as the "Program").  You must read and agree to these Terms of Use before purchasing the Program.  The Program and its content are owned by Peggy Nazer Coaching.

 

By purchasing and/or using the Program you implicitly hereby agree to be legally bound by the following:

 

1.  DEFINITIONS:

  • "Company", "We", "I", "Our", or "Us" means Peggy Nazer Coaching, owned by Peggy Nazer.

 

  • "Participation", "Participating", "Using", or "Use" means reading, implementing, trying, or otherwise engaging in the Program.

 

  • "Program" means Happiness Dynamics

 

  • "You", "Your", "User" or "Client" means the Purchaser and/or person using the Program.

 

2.  CONSENT:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

 

3.  DISCLAIMER:

By participating in the Program, you understand that Peggy Nazer is a Certified Emotional Release Facilitator, Certified Interactional Dynamics Instructor, and Certified High Performance Coach (CHPC).  She is not a medical doctor, psychologist/psychiatrist, or other licensed medical professional.

 

This Program is for informational and educational purposes only.  The information and education provided in this Program are not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.  You should consult with a professional in those areas in person with someone where you live or work to discuss issues or questions pertaining to your particular situation.

 

Although we do our best to make sure all of the Program's content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times.  We do not assume any responsibility for the accuracy of the Program's information or its safety or efficacy as it applies to you.

 

4.  ASSUMPTION OF THE RISK:

You should use your best judgment in using the information provided in the Program, which is done at your own risk.  It is your responsibility to discern the risk of using the Program or its content.  You assume responsibility for your actions, choices, or lack thereof, related to the Program.

 

5.  INTELLECTUAL PROPERTY OWNERSHIP:

The Program and its content, including, but not limited to, The Happiness Dynamics Model, The Happiness Dynamics (HD) Progression Path, and The Crack the Concern Process, are intellectual property owned by Peggy Nazer and Peggy Nazer Coaching.  Any violations of this Term, and all Terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

Any use of the Company's intellectual property may not be used in connection with the sale or distribution of any product, Program, and/or service by you, directly or indirectly, without the prior written consent of Peggy Nazer Coaching.

 

Misappropriation or unauthorized use of the Company's intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights.  The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser's representatives, assigns, contractors, employees, or acquaintances.

 

6.  NO SHARING ALLOWED:

You cannot sell, distribute, copy, forward, and/or share the Program, its worksheets contained therein, or its video content with anyone else.  Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

You may not share your password or login information with anyone, copy or download any of the videos, or share your password or login with anyone who did not purchase the Program.  All content not included as a download is password-protected and not to be copied off-site.  If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately, no refund will be issued, and no future access will be permitted.

 

7.  NO CLAIMS MADE REGARDING RESULTS:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples.  They are not guarantees that you will also experience or receive the same results.  Each person and their circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

 

You understand and agree that you are 100% entirely responsible for your progress and results experienced from the Program. The Company will help guide and support you, but your participation in, and dedication to, the Program is one of many vital elements to the Program’s success.

 

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the Terms of Use.

 

We don't make any assurances as to any particular financial-based outcome based on the use of or participation in the Program.  We are not responsible for the success or failure of your relationships, mental health, productivity, business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program. 

 

8.  DISCLAIMER - NO WARRANTIES, GUARANTEES, or REPRESENTATIONS ARE BEING MADE:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future happiness, income, sales, potential, profitability, or losses derived as a result of your use of the Program.  The Program is offered "AS IS" and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

 

9.  YOUR RELEASE OF US, INDEMNIFICATION, HOLD HARMLESS:

To the fullest extent permitted by law, Peggy Nazer Coaching expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our Website, or any other information obtained by you from us.  By enrolling in the Program, you hereby agree to this limitation of liability and release Peggy Nazer Coaching from any and all claims.

 

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Peggy Nazer Coaching, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Peggy Nazer Coaching as stated in this section herein.

 

10.  OUR REFUND POLICY:

 

  • NO REFUNDS:

 

We will do everything within our ability (and within reason) to ensure your satisfaction.  Due to the instant-downloadable nature of the Program resources and amazing video content inside, refunds will not be issued for the Program once it is purchased.  If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Peggy at [email protected].

 

If you select a payment plan, there are no refunds or cancellations of the payment plan offered.  The payment plans are simply an opportunity to pay for the Program over time.

 

  • NO CHARGEBACKS:

 

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client's credit card and/or form of payment (i.e., PayPal) for any reason whatsoever related to the Program.  In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

 

If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at [email protected].

 

11.  ARBITRATION CLAUSE:

If you have any complaints or should any issue arise in using the Program, please contact us directly first by emailing Peggy at [email protected].

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Peggy Nazer and Peggy Nazer Coaching shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association's ("AAA") rules.

 

By agreeing to this term, you hereby agree and understand that you're waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause.  Should any arbitration hearing need to be held, it shall be held within 25 miles of Eagle Mountain, Utah, U.S.A.

 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Utah.  The only award that can be issued to you is a refund of any payment made to Peggy Nazer Coaching for the applicable Program.  You are not permitted to seek additional damages, including consequential or punitive damages.

 

12.  LIMITATION OF LIABILITY:

Peggy Nazer + Peggy Nazer Coaching are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program.  We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

13.  PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS: 

 

  •  General Payment Terms:

 

When you pay for the Program by credit card, you authorize and give permission to Peggy Nazer Coaching to charge your credit or debit card for the amount owed for payment of the Program.  When you purchase the Program, your information (i.e., credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, or Kajabi (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  Peggy Nazer Coaching is not responsible for the merchant's independent policies or practices. 

 

  •  Payment Plan Terms / Failed Payment Procedures:

 

Should you choose to purchase the Program via our payment plan option at checkout (hereinafter the "Payment Plan"), you are hereby consenting to your credit card being automatically charged 30 days apart for 12 months to complete your total payment.

 

The payment plan is NOT a subscription service - it's a courtesy extended to allow you to pay for the Program over a period of time instead of upfront.  You are responsible for all payments of your payment plan until the Program is paid in full.  By choosing the payment plan, you agree and understand that all 12 payments are owed in full on time.  There are no exceptions.  No refund and/or cancellation requests or stop payments will be granted or accepted.

 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Peggy Nazer Coaching to automatically charge your credit card, debit card, or PayPal account as payment for the Program at the time and interval in which payment is due without any additional authorization from you.

 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan. 

 

  •  Failed Payment Plan Payments / Re-charge procedures:

 

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments.  Please plan accordingly.

 

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, your access to the Program will be temporarily suspended.  You will not be able to access the Program at all until you successfully complete your payment.  Your access to the Program will be reinstated once payment is received.  The 8th attempt is the final attempt to collect your payment before the matter is forwarded to collections.  If the 8th payment fails, you will be permanently removed from the Program, and no refund will be given.

 

When choosing the payment plan option, you consent to be responsible for ALL payments owed under the Program terms.

  • Access Reinstatement:

 If at any time your access to the Program is removed, it is your responsibility  to notify the Company at [email protected] to regain access once your payment has been successfully completed.

 

14.  SEVERABILITY:

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof.  If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

15.  MODIFICATION AND VARIATION:

We may, from time to time and at any time, modify these Terms of Use.  You agree that we have the right to modify these Terms or revise anything contained herein.  You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Use, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Use.

 

We may send notice of the amended Terms to the most recent email address you have provided us.  You acknowledge and agree that we are not responsible for your failure to receive any such notice due to your having provided us with an incorrect or outdated email address, your failure to provide us with an updated email address, or any such email being delivered to your spam or junk email folders.  You are solely responsible for reading and understanding any notice of an amended version of these Terms of Use.

 

To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.

 

16.  PHOTOGRAPH AND TESTIMONIAL RELEASE:

The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of [HIS/HER/THEIR] likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share [HIS/HER/THEIR] name or identifying information.

 

17.  USE OF AUDIO AND VIDEO; LICENSE:

Company reserves the right to record all audio and video calls that are connected with the Program (the "Program Calls").  You grant the Company the absolute and irrevocable right and unrestricted permission to use, publish, and share any such Program Calls with other participants in the Program and to store such Program Calls indefinitely.  You grant to the Company an unlimited, irrevocable right to use, publish, and store the Program Calls as described in this Term, for any purpose the Company shall choose.

 

You further release, discharge, indemnify, and hold harmless the Company from any and all claims and demands arising out of or in connection with the use of the Program Calls, including without limitation any and all claims for libel, slander, invasion of privacy, or false light, and for any and all liability for damages of whatever kind in connection therewith.

 

18.  WAIVER:

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

 

19.  ENTIRE AGREEMENT:

These Terms of Use contain the entire agreement between you and the Company.  There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

 

20.  CHOICE OF LAW + VENUE:

These Terms of Use shall be governed by the laws of the state of Utah.  Any action brought by any party arising out of or from these Terms shall be brought within the State of Utah, County of Utah.

 

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

 

21.  FORCE MAJEURE:

In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

If you have any questions about the Terms of Use, please contact Peggy at [email protected].  Thank you.