You are purchasing a home study program or session package with Eleanor MacDonald (“Program”). The following Agreement is the Terms of Service for this program. Please read it carefully. If you do not agree to the following terms, DO NOT purchase the program. By purchasing the program, you are accepting the following Agreement, and you agree to and are bound by the following terms.
Parties: For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Eleanor MacDonald, is referred to as “Company.”
Term: The engagement of services begins on date of purchase. 1:1 Sessions must be completed within 90 days of purchase. Client forfeits any unused 1:1 sessions after 90 days with no refund.
Company’s Services: Client has purchased Program, which includes: any program via the website.
Payment: Client agrees to one of the following payment plans.
i. Payment in Full
ii. Payment plan according to agreed upon terms
Termination: This Agreement does not allow for termination prior to the program end date. If Client chooses to end participation prior to the program end date, Client will not receive a refund.
Refunds: Company does not offer refunds.
Release: Company may take photographs, videos, audio recordings, or other recordings during Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness and voice in any media in perpetuity by Company for whatever purpose as Company sees fit. THIS DOES NOT INCLUDE 1:1 PROGRAMS. 1:1 SESSIONS ARE 100% PRIVATE AND CONFIDENTIAL.
Intellectual Property: Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in Program. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.
Non-Disparagement: Client agrees, during and after participation in Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.
Assignment: This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.
No Guaranty; Disclaimer: NO GUARANTEES: Company makes no guarantees about Client and Company’s work together. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. The entire contents of this website and including Program, are based upon the opinions and teachings of Company. Please note that Company is not a dietitian, physician, pharmacist or other licensed healthcare professional. The information on this website and contained within all programs and services provided by Company inclusive is NOT intended as medical advice, nor is it intended to replace the care of a qualified health care professional. This content is not intended to diagnose or treat any diseases. Always consult with your primary care physician or licensed healthcare provider for all diagnosis and treatment of any diseases or conditions, for medications or medical advice as well as before changing your health care regimen.
Warranties: Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client 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.
Whole Agreement: This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.
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.
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.
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 COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
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 British Columbia 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 British Columbia. Parties agree that the venue for any court proceedings arising out of this Agreement.