SafeSpace™ Breaking Your Money Trauma Agreement

 

TERMS OF PURCHASE AGREEMENT 

 

By purchasing the SafeSpace™ Breaking Your Money Trauma (“Program”) from Joyfull Healing LLC (“Company”), You (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:

 

SERVICES

Company agrees to provide its Program and Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.

 

DISCLAIMER

Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in the Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying and learning about trauma, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. The company promises that all information provided by Client will be kept strictly confidential, as permissible by law. Client understands Melissa Lapides is a marriage and family therapist and she is not acting in that capacity in this Agreement. The company is not responsible or liable for the future work performed by Clients who complete the Program. The client further understands that this Program does not promise any outcomes whatsoever. Nothing herein or within the Program should be construed to guarantee success in any aspect. 

 

PROGRAM STRUCTURE

This Program is a self-paced program that includes

- Five Pre-recorded video modules

- One audio Visualization Exercise

- Comprehensive 27-page workbook 

- Homework/Journal reflection questions 

 

CLIENT RESPONSIBILITIES

-Client will be responsible for going through the material at their own pace

TERM

 

You accept our Terms by:

(a) using any continuing to use our Services

(b) paying for our Services; or

(c) written confirmation that you accept, including by email.

TERMINATION

The company is committed to providing all Clients in the Program with a positive experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or violates the terms.

 

PAYMENT

The total price of this Program is $300 USD  paid in full. 

The Client is responsible for all charges and fees associated with connecting to and using the Company’s Program, including without limitation, all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Program.

 

If the Company terminates the Client’s subscription to the Program at the end of the applicable period, you agree that all fees and charges assessed by the Company are nonrefundable. 

Nonrefundable fees include the full monthly fee for any month (or portion thereof) elapsed (regardless of whether the Client participated in the Program during that month). If the Company cancels or terminates the Client’s subscription to the Program (as opposed to the Client canceling their subscription) prior to the end of a period for which the Client has incurred a charge, the Company will refund any unused portion of such period on a pro-rata basis.

To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. The client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

 

If the Client believes that the Company has erroneously charged their credit card, the Client agrees to promptly notify the Company of such error. If the Client fails to notify the Company within ten (10) days after the alleged error first appears on the Client’s credit card statement, the charge shall be deemed accepted by the Client for all purposes, including, but not limited to, the resolution of inquiries or investigations made by the issuer on the Client’s credit card. The Client agrees to release the Company from all liabilities and claims of loss resulting from any alleged billing error or any discrepancy that the Client fails to report to the Client within ten (10) days of its submission to the Client.

 

REFUNDS

This Agreement is binding. The company does not offer refunds for this Program. We are here to support our Clients to their highest level of success and fulfillment, and part of that is requiring a commitment from the Client that they are fully invested in the Program. It is to the Client’s benefit to decide BEFORE purchasing the Program and committing to work with our Company that we are the right Program for them. If the Client is in, they need to be 100% in, just as our Company will be for them.

CONFIDENTIALITY

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either Party during discussions, or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

 

COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION

Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

NON-DISCLOSURE OF COMPANY MATERIALS

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Program are the trademarks of their respective owners.

 

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that 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 in the Program.

The Company content is not for resale. Your participation in the Program 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 individual use and will make no other use of the content without the express written permission of the Company 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 the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

Further, by checking the box below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

NON-DISPARAGEMENT

Client shall not make any false, disparaging, or derogatory statement in public or private regarding the Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.

 

INDEMNIFICATION

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

 

You agree to indemnify, defend, and hold harmless the Company, 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 Program and related 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. The Company 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 the Company in asserting any available defenses.

 

DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Los Angeles, California, United States. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide the Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, regardless of the conflict of laws principles thereof.

 

ENTIRE AGREEMENT; AMENDMENT; HEADINGS

This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement, or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

 

ACCEPTANCE

This Agreement is deemed signed and accepted by Client and Client’s electronic click to accept the terms of this Agreement and Client’s purchase of the Program.

SEVERABILITY

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER

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

 

ASSIGNMENT

This Agreement may not be assigned by either Party without express written consent of the other Party.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation 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 this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

 

CHANGES TO THIS AGREEMENT

The company may revise these terms and will always post any updated or more recent versions on the Company website. By continuing to use or access the Program after any revisions come into effect, the Client agrees to be bound by the revisions.

CLIENT RESPONSIBILITY; NO GUARANTEES

Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide the Client; however, participation is the one vital element to the Program’s success that relies solely on the Client. The company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. The client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program, and Company’s comments about the outcome are expressions of opinion only. The company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.

 

Last updated September 2023.