Self-Care Society Participation Agreement

Last Updated: 7/12/21

These Terms of Use (the “Terms” or the “Agreement”) for Self-Care Society (the “Company”) were last updated on July 12, 2021.

These Terms apply to all of your activities, including accessing online courses (the “Courses”) on Self-Care Society’s website (the “Website”), in-person events and to other related services (collectively, the “Services”).

1. Limited License to the Company’s Services

During the time you participate in or access Self-Care Society’s Services, you have a limited, non-exclusive, non-transferable license from us to access and view the content included in any Service. Self-Care Society reserves the right to revoke any license to the content for legal or policy reasons at any time and at our sole discretion.

2. Your Account

As a participant in or while accessing Self-Care Society’s Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, 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 Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

You must be at least 18 years of age to create an account for access to and use the Services. If we discover that you have created an account that violates these rules, we will terminate your account.

You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.

3. Payment

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

4. Content and Behavior Rules

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. If we are put on notice that your activities on our platform violates the law or the rights of others or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform or terminate your account.

You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Company. You further agree not to use the Course or the Website:

• To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

• To violate any intellectual property rights of the Company, its affiliates, agents, instructors or any third party;

• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

• To perpetrate any fraud;

• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

• To publish or distribute any obscene or defamatory material;

• To publish or distribute any material that incites violence, hate, or discrimination towards any group; or

• To unlawfully gather information about others.

5. Self-Care Society’s Rights to Content You Post

Through your participation in the Services, any Course and your use of the Website, you may be permitted to post materials to a Course community pages and other parts of the Website (“User Contributions”). You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Company claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us at [email protected] and let us know.

6. Intellectual Property and Ownership

All right, title, and interest in and to Self-Care Society’s Services are and will remain our exclusive intellectual property (the “Company IP”). Our Services are protected by copyright, trademark, trade secrets, and other laws of the United States and foreign countries where the Services are offered or made available. Nothing gives you a right to use the Company’s IP except for the limited license as provided herein. You agree not to reproduce or distribute the Company IP for any unlawful or infringing purpose. The Courses and any of its accompanying materials may not be shared with any party. If we suspect that a Course or related materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

7. Reverse Engineering & Security

You agree not to undertake any of the following actions:

• a.) Reverse engineer, or attempt to reverse engineer or disassemble any code or software related to or for the Services;

• b.) Violate the security of the Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

• c.) You are strictly prohibited from using our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass emails, commercial or otherwise.

8. Disclaimers

The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services.

The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.

You agree that your use of the Services (including any content) participation in the Course or use of the Website is at entirely at your own risk.

You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will the Company or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

9. No Guarantees or Warranties

We do not offer any promises or guarantees with regard to our Services. You hereby acknowledge and agree:

• a.) You are solely and exclusively responsible for the choices that you make with regard to Services 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 Course;

• d.) This Course 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.

10. Service Interruptions

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to Services, or a Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

11. Miscellaneous Legal Terms

• 11.1 Entire Agreement

You agree that by accessing or using our Services, you are agreeing to enter into a legally binding contract with the Company. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.  Even if we are delayed in exercising our rights or fail to exercise a right in one case, we have not waived our rights, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

• 11.2 LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your participation in the Services, a Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. 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.

• 11.3 Indemnification

You agree to defend and indemnify the Company and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorneys’ fees, which may arise from or relate to your use of the Services or participation in a Course, your use or misuse of the Website, your breach of this Terms of Use, 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.

• 11.4 Jurisdiction, Venue & Choice of Law

Through your participation in the Services, you agree that the laws of Nevada shall govern any matter or dispute relating to or arising out of this Terms of Use, 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 the following county: Clark County, Nevada. 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.

• 11.5 Arbitration Required

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 the following county: Clark County, Nevada. 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 United States federal law as well as the law of the following state: Nevada. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to contract claims, tort claims, claims based on United States 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 arbitral claims.

• 11.6 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: [email protected]

• 11.7 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.

• 11.8 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, by assigned, sold, leased or otherwise transferred by Company, the rights and liabilities of Company will bind and inure to any assignees, administrators, successors, and executors.

• 11.9 Term, Termination & Suspension

We may terminate this Agreement with you at any time for any reason, with or without cause. 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. You may also terminate this Agreement at any time by contacting us and requesting termination. 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.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

• 11.10 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.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. If no such prior effective version exists, then that unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.