Terms & Conditions
Agreement between user and http://mamaworx.com
Welcome to http://mamaworx.com. The http://mamaworx.com website (the "Site") is comprised of various web pages operated by MamaWorx ("MamaWorx"). http://mamaworx.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of http://mamaworx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://mamaworx.com is an E-commerce Site and blog.
This website provides free information on elimination communication and potty training and also sells products including digital and physical paperback books and board books, as well as digital learning courses.
Visiting http://mamaworx.com or sending emails to MamaWorx constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MamaWorx is not responsible for third party access to your account that results from theft or misappropriation of your account. MamaWorx and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
MamaWorx does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://mamaworx.com only with permission of a parent or guardian.
For digital products and courses, you may request a no-questions asked refund on your purchase within 5 days of purchase date (not download date). If you've purchased a physical product, you can request a refund within 5 days of purchase and your refund will include the paid price of your item minus shipping costs, and you will need to ship it back to us and incur those costs, unless the error was our fault in which case we will refund your shipping costs as well send you prepaid return postage.
Links to third party sites/Third party services
http://mamaworx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MamaWorx and MamaWorx is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MamaWorx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MamaWorx of the site or any association with its operators.
Certain services made available via http://mamaworx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://mamaworx.com domain, you hereby acknowledge and consent that MamaWorx may share such information and data with any third party with whom MamaWorx has a contractual relationship to provide the requested product, service or functionality on behalf of http://mamaworx.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MamaWorx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MamaWorx content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MamaWorx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MamaWorx or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MamaWorx has no obligation to monitor the Communication Services. However, MamaWorx reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MamaWorx reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MamaWorx reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MamaWorx's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MamaWorx does not control or endorse the content, messages or information found in any Communication Service and, therefore, MamaWorx specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MamaWorx spokespersons, and their views do not necessarily reflect those of MamaWorx.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to http://mamaworx.com or posted on any MamaWorx web page
MamaWorx does not claim ownership of the materials you provide to http://mamaworx.com (including feedback and suggestions) or post, upload, input or submit to any MamaWorx Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MamaWorx, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MamaWorx is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MamaWorx's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by MamaWorx from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MamaWorx Content accessed through http://mamaworx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MamaWorx, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MamaWorx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MamaWorx in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAMAWORX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAMAWORX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAMAWORX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MamaWorx reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MamaWorx as a result of this agreement or use of the Site.MamaWorx's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MamaWorx's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MamaWorx with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MamaWorx with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MamaWorx with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The information contained on the MamaWorx website (operative at mamaworx [dot] com; the ‘website’) and blog is provided on an “AS IS” basis. To the fullest extent provided by law, MamaWorx and Andrea Olson (author) disclaim all express and implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The website makes no representations or warranties that the content, text, graphics, links, articles or communications provided on or through the use of the website and blog is accurate, reliable, complete, or updated or that it satisfies any government regulations requiring disclosure of information on healthcare or prescription drug products. The website and author assumes no liability for or related to the delay or corruption of any data or other information transmitted in connection with the website and blog. MamaWorx and Andrea Olson, for all intents and purposes, shall not be held liable under any law of tort or contract for the validity of any statements contained or published on its website, articles, blog, or any other information accessible directly or indirectly through third-party links. By accessing the website or reading this blog, you hereby denounce any claim towards the author or publisher on the accuracy, falsehood, or misrepresentation of the information provided. While the author strives to only include links to trusted third-party websites, you understand that any links provided herein may occasionally offer financial benefit. Any articles, information or suggestions given have not been evaluated by the Food and Drug Administration. The information on this site is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. By reading the articles on this website, you accept that the content of the articles and/or blog provides subjective information taken from the author’s own experience/s. You should not use this information to make changes to how you care for your baby or potty train your baby without consulting your family doctor. The content of this website is provided strictly for educational purposes only, and does not and should not constitute or be considered as medical advice. It is neither intended nor implied to be a substitute for professional medical advice. All content and advice found on the blog does not, in any form, constitute advice with legal standing. The author does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement on the website. Under no circumstances will the author be liable for any loss, damage, injury, harm or death caused to yourself, your baby, or any person under your charge through your reliance on information obtained through this website or its replication in any third-party publications, solicited or otherwise.
You agree to these terms when you visit this website, mamaworx.com, and its sister site, tinyundies.com.
Book Disclaimers (e-books, paperbacks, kindle books)
MamaWorx and the author of all books sold on mamaworx.com including but not limited to Go Diaper Free, The Tiny Potty Training Book, and Tiny Potty board book (the ‘books’), for all intents and purposes, shall not be held liable under any law of tort or contract for the validity of any statements contained in any of its published formats whether electronic, paperback, or e-reader. While the author strives to only include links to trusted third-party websites, you understand that any links provided within the books may occasionally offer financial benefit. The books provide general information and guidance that may or may not apply to your personal health condition or circumstances, or that of your child's. The opinions expressed by the author, including any assisting or related parties to the publication, are strictly the personal opinions of the party expressing them. These books in no way prescribe a substitute for the relationship between a medical professional and his or her patient. You are expected to see your treating medical doctor, nurse, midwife or other qualified health care provider regarding any questions you have about you or your child's personal health and any medical condition any of you may have, including any pregnancy and child-rearing topics. No information found through the books should be relied or acted upon without prior consultation from a suitable healthcare provider. Reliance upon any information provided in these books is purely at your own risk. Through purchasing any of these books, you hereby unconditionally denounce any claim towards the author (Andrea Olson) or MamaWorx or publisher The Tiny World Company on the accuracy, falsehood, or misrepresentation of the information provided. Any articles, information or suggestions given have not been evaluated by the Food and Drug Administration. The information in these books is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You hereby declare your understanding that the author and its representatives cannot be held liable for any resulting harm, injuries or death caused to you or your baby. The procedures and recommendations detailed in these books are from the author’s own experience and may not be applicable to you or your situation. In no event shall the author of the books or its de facto representatives, volunteers or any third parties having contributed, be liable for any damages whether compensatory, incidental or consequential, arising from or at all related to the use of the information provided herein, regardless of whether such damages are based on warranty, contract, tort, or moral claims.
You agree to these terms when you purchase this book from mamaworx.com, tinyundies.com, or amazon.com.
Changes to Terms
MamaWorx reserves the right, in its sole discretion, to change the Terms under which http://mamaworx.com is offered. The most current version of the Terms will supersede all previous versions. MamaWorx encourages you to periodically review the Terms to stay informed of our updates.
MamaWorx welcomes your questions or comments regarding the Terms:
441 N Louisiana Ave
Asheville, NC 28806
Effective as of January 01, 2017.
2018 MamaWorx Program-specific Terms + Conditions
(For those purchasing the full 2018 MamaWorx Program product)
I agree to be bound by the MamaWorx Terms + Conditions for this Program as stated here:
Please read The MamaWorx Program terms and conditions below. We live in a rapidly changing digital world and it's very important to us that we protect this community and the integrity of the program. When you enroll in the course (completing your purchase on mamaworx.com), your enrollment represents your agreement to these terms and conditions.
When you purchase this Program, you are being granted access for one (1) person to The MamaWorx Program (referred to below as the “Program, or the “Course”) from MamaWorx and Andrea Olson (the “Company,” “we,” or “us”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You agree that the Program contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Program files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the Program solely for your personal use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Program or the Content available in the Program in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, ebooks, video courses, audio courses, or any other works that directly compete with the Company, Andrea Olson, the Program, or infringe on any of the Company’s intellectual property in any way, without written approval by Andrea Olson or the Company. Any material that you create should be focused on your own unique business, not replicating or competing with our materials. All copyrights in and to the Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S PROGRAM MATERIALS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Program are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Program includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the course and in the private member section of the Sites.
If you would like to take the Program with a partner or collaborator, you will need to each purchase the course individually. A separate membership will need to be purchased for each participating member.
PRIVACY AND CONFIDENTIALITY
By purchasing access to the Program, you agree:
- not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;
- that any confidential information shared by Program Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
- not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Program Participants during training sessions;
- that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
- the reproduction, distribution and sale of the Content (including derivative works) by anyone other than the Company is strictly prohibited; and
- that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
THE MAMAWORX CLASS PORTAL AND COMMUNITY RULES
No Solicitation Within the MamaWorx Class Portal Comments and Private Class-only Facebook Group (collectively, “Member Areas”):
The MamaWorx community is about learning how to start you business and find your audience, but is not about trying to turn other Program Participants into your customers. You are not permitted to offer your services, sell your programs or products, or invite other Program Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Member Areas is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the Program without refund.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites. These third-party materials and websites are not part of the Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) THE PROGRAM, THE SITE, THE CONTENT, THE MEMBER AREAS, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE;” AND (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, podcast, videos, newsletters, programs, or other Content, we've taken all reasonable efforts to ensure that we accurately represent our programs and their potential to create your business and improve your home/baby balance. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, Member Areas, or Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE COURSE IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, parenting success, relationship success, or results of any kind. You alone are responsible for your actions and results in life, parenting, and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
Any parenting articles, information or suggestions given have not been evaluated by the Food and Drug Administration. The information in this Program and Sites is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. By reading the information on the Sites and the information in the Program and Member Areas, you accept that it is subjective information taken from the author’s own experience/s. You should not use this information to make changes to how you care for your baby without consulting your family doctor. The Content is provided strictly for educational purposes only, and does not and should not constitute or be considered as medical advice. It is neither intended nor implied to be a substitute for professional medical advice. All Content does not, in any form, constitute advice with legal standing. The author does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement. Under no circumstances will the author be liable for any loss, damage, injury, harm or death caused to yourself, your baby, or any person under your charge through your reliance on information obtained through the Sites, Program, Member Areas, or their replication in any third-party publications, solicited or otherwise.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of North Carolina and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of North Carolina, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM MATERIALS; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage MamaWorx, the Program, or Andrea Olson, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Program is a non-transferable program.
5) TERMINATION. MamaWorx is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Program will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at email@example.com.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your use of our Program. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Asheville, North Carolina. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 8(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of MamaWorx’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of North Carolina for purposes of any such action by the Company.
11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12) SEVERABILITY. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail, but in such event the provision effected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.
13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
Your enrollment in The MamaWorx Program constitutes your agreement with the above Terms and Conditions.
If you have any questions, please email us at firstname.lastname@example.org.
A Note About the Facebook Group
The Facebook group for your class is a complimentary bonus, not part of the paid Program. We don't own Facebook. If they change their terms or decide to start charging for Facebook groups, that may limit or remove our ability to keep your class's Facebook group open and running. Similarly, if group guidelines are not honored and upheld, the Facebook group may also be eliminated.
It's important also to note that this FB group will not be open indefinitely. It will only remain open for the duration of this 7 week class, with a maximum of 12 weeks, at which time it will be closed.
This is not a place to get technical support for the Program. If you see a fellow member asking for technical support or any program related support, please direct them to contact our customer happiness representative directly at email@example.com. If you have any issue with the Program, again, please contact us directly as we can help you faster and more efficiently one on one.
This Facebook Group is not mandatory or a given. If you cannot or will not agree to the guidelines and rules here, we recommend that you not apply. This is an environment to serve your highest good, in your business and your home life. We will not tolerate speculation, veiled threats and accusations or unethical and malicious behavior of any kind. We will not tolerate drama, speculations about other Program Participants or disrespectful comments about Andrea, our team or the Program. You paid for Course, and the content is yours for life. That will not change. But if you cannot participate within our guidelines, you will be removed from the FB community.