Free Birth Society's Six Session Coaching Package Terms of Purchase
You are buying access for 1 person to access the Six Session Coaching Package (referred to below as the “Six Session Coaching Package Product” or the “Program” from Free Birth Society LLC (referred to below as “FBS”).
You must be at least 18 years of age to buy access to the Six Session Coaching Package.
The Six Session Coaching Package Product includes access to course content and materials, other information and materials provided by FBS (collectively, the “Content”).
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 CAREFULLY.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury to yourself or others while participating in, replicating, performing, executing, practicing or otherwise implementing what is seen in the Program, and as consideration for the right to participate in and access the Program, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my voluntary participation in the Program, and do hereby release and forever discharge Free Birth Society, located at 66 Church St #203 Hayesville, NC 28904, their affiliates, managers, members, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns (the “Agents”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my voluntary participation in the aforementioned Program, including traveling to and from an event related to this Program.
I am voluntarily participating in the aforementioned Program and I am participating in the Program entirely at my own risk. I am aware of the inherent risks associated with participating in this Program, which may include, but are not limited to, physical or psychological injury, pain, suffering, emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence or the negligence of Free Birth Society Agents, nonetheless I assume all related risks, both known and unknown, of my participation in this Program. I agree to indemnify and hold harmless Free Birth Society and its Agents against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone acting on my behalf, including attorney's fees and costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Free Birth Society incurs any of these types of expenses, I agree to reimburse Free Birth Society.
I acknowledge that Free Birth Society and its Agents are not responsible for errors, omissions, acts or failures to act by any party or entity conducting a specific event or activity on behalf of Free Birth Society.
I acknowledge that my voluntary participation in the Program may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and other loss. In the event that I should require medical care or treatment because of my voluntary participation in the Program, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I know, understand, and appreciate the risks associated with the Program and I am voluntarily participating in the Program. In doing so, I am assuming all the inherent risks of the Program and I expressly agree to release and discharge Free Birth Society and its Agents from any and all claims, lawsuits, or causes of action. I agree to voluntarily give up or waive any right that I otherwise have to bring any legal action against Free Birth Society.
This Agreement was entered into at arm's-length, without duress or coercion. Both the Participant and Free Birth Society agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remaining terms of this Agreement will remain valid and enforceable.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.
We do not offer any refunds under any circumstances.
COUPONS AND DISCOUNT CODES
FBS offers coupons and/or discount codes. FBS will not retroactively apply these coupons or codes, nor will FBS adjust the price of a product after payment has already been made. FBS has a strict no price adjustment policy.
The Six Session Coaching Package Program cannot and DOES NOT contain any medical advice. The content of the Program, such as text, graphics, images, or information obtained from agents of FBS are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. The Free Birth Society LLC and the Program does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Program.
The Six Session Coaching Package Program DOES NOT provide any legal advice. Users of the Program should consult with their own lawyer for legal advice. The information contained in the Program is general information and should not be construed as legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Program does not create a lawyer-client relationship between Free Birth Society LLC and anyone enrolled in the Six Session Coaching Package Program. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of any material or information in the program is not a substitute for the advice of a lawyer.
You agree that the Six Session Coaching Package Product contains proprietary Content that is owned by FBS and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and FBS will prosecute such misconduct to the fullest extent permitted by law.
FBS provides you with the Six Session Coaching Package Product solely for your personal, non-commercial 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 Six Session Coaching Package Product or the Content available in the Product in a manner that constitutes an infringement of FBS's rights or that has not been authorized in writing by FBS. 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 Six Session Coaching Package Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial 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, or any other works that reference FBS, Emilee Saldaya, Six Session Coaching Package Content, or infringe on any of FBS's intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Six Session Coaching Package Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by FBS and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF FBS’S Six Session Coaching Package PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF FBS AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Trademarks, service marks, graphics, and logos used in connection with the Six Session Coaching Package Product are common law trademarks or registered trademarks of the FBS. You are granted no right or license with respect to any of the aforesaid trademarks.
The Six Session Coaching Package Product includes access for 1 person. Upon registration, you will receive one username, password, and member profile for use.
If you would like to take Six Session Coaching Package with a business partner or collaborator, you will need to ensure that each individual purchases the course individually.
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 FBS or the Program Participants;
that any confidential information shared by any of FBS’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to FBS
that all Content provided to you by FBS is the FBS’s confidential and proprietary information and intellectual property, belong solely and exclusively to FBS, and may be used by you only as authorized by FBS;
the reproduction, distribution and sale of the Content by anyone other than FBS 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.
THIRD-PARTY MATERIALS AND WEBSITES
FBS may provide links to third-party materials and websites. These third-party materials and websites are not part of the Six Session Coaching Package Program and they may be either withdrawn or terminated at any time without any liability on the part of FBS. 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 FBS is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and FBS 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 FBS will not be liable for your improper use of third-party materials and websites.
THE Six Session Coaching Package PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. 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, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and improve your life. However, FBS does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Six Session Coaching Package PRODUCT IS AT YOUR SOLE RISK. By purchasing access to the Six Session Coaching Package Product, 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 results of any kind. You alone are responsible for your actions and results in life 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.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, United States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) FBS, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE Six Session Coaching Package PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Six Session Coaching Package PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, that are false or designed to disparage FBS, Six Session Coaching Package, or Emilee Saldaya including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/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 Six Session Coaching Package Product is a non-transferable program.
5) TERMINATION. FBS is committed to providing all customers in the Program with a positive Program experience. If you fail, or FBS suspects that you have failed, to comply with any of the provisions of this Agreement, FBS, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Six Session Coaching Package Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. I acknowledge that Free Birth Society reserves the right to revoke my access to Six Session Coaching Package at any time.
Your obligations to FBS under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. FBS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Six Session Coaching Package Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Six Session Coaching Package Product 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 our legal department directly at [email protected].
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless FBS, 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 misuse of the Six Session Coaching Package Product. You shall defend FBS in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of FBS’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of FBS.
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 Clay County, North Carolina, United States. 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. Nothing in this Agreement will prevent FBS 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) MEDIATION. The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the International Chamber of Commerce Mediation Rules.
11) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of FBS’s intellectual property rights and confidential and proprietary information by you, FBS will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. FBS 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 FBS.
12) 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.
13) COMPLIANCE WITH LAW. 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.
14) 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.