Meditation for Anxiety 101 Course - 2022 Terms of Purchase
MEDITATION FOR ANXIETY 101 ONLINE COURSE
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products and/or courses by Michele K. Lyman (“Teacher[DL1] ”), acting on behalf of Serenity Yoga & Wellness, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher agrees to provide services in accordance with the Meditation for Anxiety 101 Online Course (“Course”).
(b) The scope of services rendered by the Teacher pursuant to this contract shall be solely limited to those contained therein and/or provided for on Teacher’s Website www.micheleklyman.com as part of the Course.
(c) Teacher reserves the right to substitute services equal to or comparable to the Course for Customer if reasonably required by the prevailing circumstances.
(d) Customer agrees to be open, present and prepared to complete the work. Customer is responsible for his/her own success and implementation of objectives met.
(e) The content included in the Course is for your individual, non-commercial use. Customer agrees not to share login details and/or Course materials with any third parties.
(f) Teacher reserves the right to remove Customer from the Course at any time for any reason.
(g) The Course includes the following:
1. Implementation Videos
2. Guided Meditations (allowed for download after refund guarantee period)
3. Supporting Documentation
METHODOLOGY
Customer agrees to be open minded to Teacher’s methods and partake in services as proposed. Customer understands that Teacher has made no guarantees as to the outcome of the Course.
DISCLAIMERS
By participating in the Course, Customer acknowledges that the Teacher is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Course is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Teacher may provide the Customer with information relating to products that the Teacher believes might benefit the Customer, but such information is not to be taken as an endorsement or recommendation. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teaching provided.
The Teacher may provide Customer with third-party recommendations for such services as marketing, photography, business, health, or other related services. Customer agrees that these are only recommendations and the Teacher will not be held liable for the services provided by any third-party to the Customer. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Teacher’s website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Teacher’s Course, programs, and/or services. Customer acknowledges that Teacher has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Teacher’s website, courses, products or services.
PAYMENT
(a) Upon execution of this Agreement, Customer agrees to pay to the Teacher the full purchase amount of $99.
(b) If Customer selects a payment plan option, Customer agrees to pay fees to the Teacher according to the payment schedule set forth on Teacher's website, or otherwise provided to Customer, and the payment plan selected by Customer (the “Fee”).
(c) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Teacher will charge the credit card chosen by the Customer.
(d) In the event Customer fails to make any of the payments within a payment plan during the time prescribed, Teacher has the right to immediately disallow participation by Customer until payment is paid in full, including disallowing access to modules, materials, and calls.
REFUND POLICY
The Company provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at info@serenityyogastudio.net and let us know you’d like a refund within 14 days after your purchase date, by 3:59pm EST (“Refund Period”). You must include your coursework with your request for a refund, as outlined below. If you request a refund and do not include your coursework by the end of the Refund Period, you will not be granted a refund.
You must submit ALL of the following items with your request for a refund:
Requirement 1: Complete and attach at least five sentences explaining the benefits of meditation.
Requirement 2: Complete and attach at least five sentences explaining Self-Observation Without Judgment.
Requirement 3: Complete a list of 3 guided meditation you practiced, including at least five sentences explaining the meditation instruction and benefits.
Requirement 4: Tell us why this course was not a good fit for you. What did you expect that you did not get once inside the program?
Teacher will NOT provide refunds for any request that comes more than 14 days after the date of purchase. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by Serenity Yoga & Wellness, LLC. To further clarify, we will not provide refunds for requests made after the Refund Period and all payments must be made on a timely basis.
In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund policy described above, all sales are final and no refunds will be provided.
INTELLECTUAL PROPERTY RIGHTS
In respect of the documents specifically created for the Customer as part of this Course, the Teacher maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Customer receives one license for personal use of any content provided the Teacher. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Teacher to the Customer, nor grant any right or license other than those stated in this Agreement. The Teacher reserves the right to immediately remove Customer from the Course, without refund, if you are caught violating this intellectual property policy.
RECORDING AND REDISTRIBUTION OF CALLS
Customer acknowledges that group sessions and/or group calls may be recorded. Customer also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Teacher.
RELEASE
Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Customer agrees and understands that by participating in the Program, Customer is consenting to being recorded and photographed and to the use of Customer’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while enrolled in the Course. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer's participation in the Course.
Customer waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer estates have or may have by reason of this authorization.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Teacher or any of its Courses, affiliates, subsidiaries, employees, agents or representatives.
GOOD FAITH
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES
The information and education provided to the Customer by the Teacher under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY
By using SERENITY YOGA & WELLNESS, LLC services and purchasing this Course, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that Teacher will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Course. Customer agrees that use of this Course is at user’s own risk.
DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association[DL5] . The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Boston, MA [DL6] or via telephone. 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.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts within The United States of America, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
If you have any questions or concerns regarding these Terms of Service, please email: info@serenityyogastudio.net.
Updated: January 2022