This Acceptance of Terms and Conditions (the “Agreement”) applies to your (“you” or “your”) participation in the Three Percent Symposium and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) offered by the Nourish the Brain Institute, LLC (“NTBI” and collectively referred to with you as the “Parties” and singularly as a “Party”).
- Term of Agreement. The term of this Agreement shall be from the time NTBI accepts of your enrollment in the Program (the “Effective Date”) until the completion of the Program or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
- Program Participation Payments. You agree to pay NTBI an initial deposit for participation in the Program (the “Program Deposit”). By paying NTBI the Program Deposit, you are agreeing to the terms and conditions set forth in this Agreement. You further agree to pay NTBI the total amount listed for participation in the Program (the “Program Tuition”) that is listed on the invoice provided to you after receipt of the Program Deposit. The Program Tuition is the amount you and NTBI agreed upon for your participation in the Program. You must pay NTBI the Program Deposit before you can receive any products or materials related to the Program. You must pay NTBI the full Program Tuition to be eligible to attend the Program. NTBI, in its sole and absolute discretion, may agree to a payment schedule for you to pay the Program Tuition or any part thereof. If you fail to make any payment(s) to NTBI on an agreed upon date, NTBI may deem all sums due by you immediately payable to it. Additionally, if you fail to make any payment(s) to NTBI on an agreed upon date, NTBI may suspend your ability to receive products and services related to the Program. Any such suspension, however, does not relieve you of your obligation to pay NTBI the full Program Tuition.
- Program Description. The Program consists of a six (6) months intensive interactive certification program conducted on-line by Gemi Bertran and NTBI team, which features dynamic group participation conference calls, practices sessions, On-line program designed towards providing the participants with the knowledge, understanding and skills necessary for achieving remarkable personal, professional and financial growth. During the Program, Gemi Bertran will teach you about such revolutionary topics as the Brain nourishment, the power of the right mindset, body function and why they are responsible for limiting personal growth and how exercises can help achieve the goals you desire.
- Program Participation at Your Own Risk. NTBI does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. NTBI also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. NTBI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of Program related information, products and services. NTBI does not provide psychological, investment or financial advice.
- No Refunds. The Program Tuition, including the Program Deposit, is nonrefundable. All funds paid by you are deemed earned by NTBI upon receipt.
- Ownership Rights and Proprietary Information. NTBI and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information related to the Program. You agree that all materials provided to you as part of the Program, which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without NTBI’s written consent.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program (the “NTBI Intellectual Property”) are the property of NTBI and its affiliated entities. You agree not to interfere or infringe upon the NTBI Intellectual Property by, among other things, the following: (1) duplicating or creating of works (including any derivative works) that are the same or substantially similar to the NTBI Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the NTBI Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the NTBI Intellectual Property ; and (4) any action that would pass off or create the appearance of an association with or endorsement by NTBI.
- Consent to Use Likeness. By participating in the Program, you expressly grant NTBI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness derived from your participation in the Program in NTBI’s promotional, educational or marketing material.
- Modification. NTBI may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend NTBI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or violation of this Agreement.
- Assignment. You may not assign this Agreement (or any obligations under this Agreement without NTBI’s prior written consent.
- Limitation of Liability. NTBI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits, advise) related to your participation in the Program. Under no circumstances shall NTBI’s liability, if any, exceed the Program Tuition.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of California, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against NTBI, or any of its affiliated entities, that relates to your participation in the Program.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in San Luis Obispo, California. Both Parties hereby irrevocably consent to AAA arbitration in San Luis Obispo, California, as well as the jurisdiction of the courts located in San Luis Obispo County, California for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property.
- Legal Age. You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties. Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NTBI.
- Miscellaneous. This Agreement, together with any invoices provided by NTBI, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provide by NTBI, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.
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