You are purchasing the Moon Medicine yearlong course (“Program”). The following Agreement is the Terms of Service for this program. Please read it carefully. By accepting the terms and conditions, you are accepting the following Agreement, and you agree to and are bound by the following terms.
1. Parties:
For purposes of this Agreement, you (the purchaser) are referred to as “Student.” Seller, Moon Medicine, Emily Ruff, and Sage Mountain, is referred to as “Course.”
2. Term:
The engagement of services begins on the date of purchase and ends one year later
3. Course’s Services:
Student has purchased Program, which includes:
12 Months of Access to all trainings, course materials, content, seasonal virtual gatherings, digital materials, and bonus courses.
4. Payment:
Student agrees to pay a tuition fee, either one time or a four part split payment. Amount of tuition is enumerated in final checkout invoice.
Enrollment is for a twelve month period.
5. Termination:
This Agreement allows for termination from the program and refund by December 30th, 2022. Requests for refunds after this date cannot be honored. If Student chooses to end participation after this date, Student will not receive a refund, and will be responsible for completing payment outlined in Paragraph 4.
6. Refunds:
No refunds are offered after December 30th, 2022.
7. Confidentiality:
Any information discussed or any information either party comes to know during Course is confidential. This does not include information Student makes available during group calls, information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Student.
Confidential information may be shared if and only if waived by both parties in writing.
8. Release:
Course may take photographs, videos, audio recordings, or other recordings during Program that Course may use for future commercial or non-commercial purposes. Student agrees and understands that by participating in Program, Student is consenting to being recorded and photographed and to the use of Student’s likeness and voice in any media in perpetuity by Course for whatever purpose as Course sees fit.
9. Intellectual Property:
Course reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Student through Student’s participation in Program. Course provides Student with a single-user license authorizing Student to use the materials for their individual purposes only. Student agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
10. Non-Disparagement:
Student agrees, during and after participation in Program, to refrain from making any statements, whether oral or in writing, that negatively impact Course’s program, business, services, products, or reputation. In addition, Course agrees to refrain from making any statements, whether oral or in writing, that negatively impact Student or Student’s business.
11. Assignment:
This Agreement shall bind both Course and Student and their respective heirs, legal representatives, successors, and assigns. Student may not assign its rights under this Agreement without express written consent from Course.
12. No Guaranty; Disclaimer:
NO GUARANTEES: Course makes no guarantees about Student and Course’s work together. Course may provide testimonials from previous Students. Student agrees that any statements made by Course regarding potential outcomes are opinions and are not binding on Course.
NOT PROFESSIONAL MEDICAL ADVICE: Course will only be providing the services that are explicitly listed above in Paragraph 3. At no time should any of Course’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Course’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Student needs medical, and/or psychological treatment, it is Student’s responsibility to seek it out.
NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Course’s services be considered a substitute for professional legal or financial advice. If at any time Student needs legal or financial services, it is Student’s responsibility to seek it out.
13. Warranties:
Both Course and Student warrant that they have full authority to enter into this Agreement.
Course warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards.
Student warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.
14. Whole Agreement:
This Agreement constitutes the entire agreement between Student and Course. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
15. Modification; Waiver:
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.
In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.
The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.
16. Severability:
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.
17. Limited Liability:
THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COURSE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCURMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF STUDENT HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
18. Notices:
All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s principal place of business, unless otherwise clearly stated in this Agreement that email notification shall suffice.
19. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in United States with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies.
Parties agree that this Agreement shall be governed by and construed in accordance with the laws of United States. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in United States. If Student sues Course and Course is successful, Student is responsible for Course’s attorney’s fees, in addition to any other relief to which Course may be entitled.
I agree to the terms set forth above.