PARTICIPANT RELEASE OF LIABILITY AND DISCLAIMER
By this agreement You agree to release Dr. Melissa Sophia Joy, her affiliates, partners, co-teachers, and others working with, by or through her from any and all liability, including claims for damages made in any form and on any basis, with respect Your participation in the online course entitled “Embody Healing and Freedom”.
(a) “You and Your” refers you as the user of the Services described below.
(b) “Dr. Sophia Joy” means Dr. Melissa Sophia Joy, ND, the provider of the Services.
(c) “Service(s)” refers to the eight-week online class called “Embody Healing and Freedom” and any other services or information provided to You by Dr. Sophia Joy, directly or indirectly, that are related in any way to Embody Healing and Freedom.
(d) “Website” refers to somatic-awakening.com.
2. OVERVIEW OF AGREEMENT.
3. DISCLAIMER – NO MEDICAL ADVICE.
You understand and acknowledge that the Services are intended for educational and informational purposes only. The Services are NOT intended in any way as a substitute for professional medical advice, diagnosis, or treatment, and the Services and any information provided by her or others does NOT constitute medical or other professional advice. Any physical or mental health related content that may be provided through the Services is generalized information and not specific to You as an individual. By agreeing to the terms of this Agreement You acknowledge that information provided to You through the Services may not be appropriate or relevant to Your personal situation.
While You may find the Services to be beneficial to You mentally, emotionally, physically and spiritually, the Services are not intended to be used to diagnose, treat, cure, or prevent any medical or mental health conditions or as a substitute for consulting with Your health care professionals. If You rely on any information provided to You through the Services You acknowledge and agree that this is done solely at Your own risk. You should never delay in seeking health care advice from a health care professional, such as a doctor or psychiatrist, and You should not disregard health care advice received from a health care professional because of information that You have received through the Services. If You have any questions about Your physical or mental health, You should consult Your healthcare professionals.
4. ACCEPTANCE OF AGREEMENT.
By using the Services You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to You in electronic form. Please print a copy of this Agreement for Your records.
You must be at least eighteen (18) years of age to access or use the Services in any manner. Any use of the Services is void where prohibited. By using the Services You represent and warrant to Dr. Sophia Joy that You: (i) are 18 years of age or older, and that You have the right, authority, and capacity to agree to and abide by the Agreement; and (ii) will use the Services in a manner consistent with any and all applicable laws and regulations. If You access the Services from outside of the United States, You are responsible for complying with the laws and regulations of the territory from which You access or use the Services.
6. RELEASE OF LIABILITY AND ACKNOWLEDGEMENT.
(a) YOU ACKNOWLEDGE AND AGREE THAT NEITHER DR. SOPHIA JOY NOR ANY OTHER PERSON AFFILIATED IN ANY WAY WITH HER ARE RESPONSIBLE FOR, AND SHALL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING EMOTIONAL DISTRESS, PERSONAL INJURY OR DEATH, TO YOU OR ANYONE ASSOCIATED WITH YOU, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF YOUR THE USE OF THE SERVICES.
(b) YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER DR. SOPHIA JOY NOR ANY OTHER PERSON AFFILIATED IN ANY WAY WITH HER HAS MADE ANY REPRESENTATIONS TO YOU AS TO HOW THE SERVICES WILL EFFECT YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY REPRESENTATIONS MADE IN ANY ADVERTISEMENTS, PROMOTIONAL MATERIALS OR ANY OTHER STATEMENTS, WRITTEN OR ORAL, AS TO HOW THE SERVICES WILL SPECIFICALLY EFFECT YOU. YOU FURTHER UNDERSTAND AND AGREE THAT NEITHER DR. SOPHIA JOY NOR ANY OTHER PERSON AFFILIATED IN ANY WAY WITH HER MAKES ANY REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON YOU OR ANY PERSON AS A RESULT OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD IMMEDIATELY CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
(c) Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for, and hereby waive, any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service or website.
7. LIMITATION OF LIABILITY.
YOU AGREE THAT TO THE FUST EXTENT ALLOWED BY APPLICABLE LAW, DR. SOPHIA JOY, AND HER EMPLOYEES, AGENTS, AFFILIATES, OR THIRD PARTY SERVICE PROVIDERS SHALL NLLEOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DR. SOPHIA JOY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO DR. SOPHIA JOY FOR THE SERVICES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
8. GOVERNING LAW.
This Agreement, and any dispute between You and Dr. Sophia Joy, shall be governed by the laws of the state of California without regard to principles of conflicts of law.
9. EFFECT OF AGREEMENT.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.