Agreement to Terms and Conditions

Last Updated on August 20th, 2016

Introduction:

This Agreement, together with our Privacy Policy, exclusively governs your use of this website, participation in any of our programs or offerings, and purchase or use of any of our group or individual products or services, for any reason (“Use”).

By your Use, you agree to comply with and be bound by all of this Agreement, including our Privacy Policy, which together govern and constitute the entire relationship between you and Fundamental Shift, LLC (“Fundamental”), provider of the Site.

The terms “Provider” or “us” or “we” refer to the owner of the Site, Fundamental.

The term “you” refers to the User or viewer of our Site, or any of the Provider’s programs, offerings, products or services (“Provider Offerings”).

Client and Member Terms:

In consideration of your Use, you agree to and abide by the following:

  1. You are capable of understanding the terms of this Agreement.
  2. You are contracting solely with the Provider, and not with any other company or individual.
  3. Provider holds complete authority over all customer accounts.
  4. Provider does not offer any sort of medical, counseling or doctor services, and cannot treat or diagnose any illness or injury. Neither the Provider, nor any of its affiliates, members, directors, officers, agents, employees, independent contractors, or volunteers, have any medical or counseling credentials. If you are in need of medical help, you should seek that help from a licensed professional.
  5. Provider Offerings are not a replacement for actual therapy.
  6. Provider offers no warranty or guarantee with its Provider Offerings. Your Use of Provider Offerings is not guaranteed to produce any given outcome, and may result in very different outcomes for different people.
  7. You understand the risks and dangers associated with participating in Provider Offerings, and nevertheless expressly assume all risks associated with Use of Provider Offerings, inherent and otherwise, and whether or not described herein.
  8. You for yourself, heirs, assigns, representatives and next of kin, unconditionally release, discharge, defend and hold harmless Provider and its affiliates, members, directors, officers, agents, employees, independent contractors and volunteers (collectively for the purpose of this paragraph, “Provider”), from any damages, claims, liability, or causes of action, whether known or unknown, arising out of your Use of Provider Offerings, including claims of ordinary negligence. Furthermore, you hereby agree to indemnify, defend, and hold harmless Provider from any claim, liability, or cause of action by third parties arising out of your Use of Provider Offerings.
  9. Provider has the right and permission to record, reproduce and edit (whether in digital format, on tape or otherwise) your voice, sounds, conversation, image, and likeness. You also hereby grant the Provider, its affiliates, agents, successors, licensees and assigns the worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of the Recordings and your name, image, voice and/or likeness in the Recordings throughout the universe, in connection with any media, including social media, now known or hereafter created, for the development, marketing, advertisement, licensing, sale, distribution and promotion of Provider’s products or services.
  10. Provider owns all recordings associated with its Provider Offerings. You may not use these recordings for any purpose without prior written consent from Provider.
  11. Provider does not offer any refunds, and all sales are final.
  12. You acknowledge and recognize that by Using Provider Offerings, you consent that your work, recordings, and any other information may be reviewed by any or all employees, members or directors of Provider.
  13. You agree to the terms of our Privacy Policy.
  14. Any and all conversations, materials and documents presented or used during the course of your participation in any Provider Offerings, unless otherwise stated, are proprietary materials and the property of the Provider alone, and may not be used or shared for any purpose without prior written consent of the Provider.
  15. In all group programs, posting of group call recordings are done on a private platform, but other clients in your group will have access to the replays. Provider is not responsible if another person reproduces your content without permission, or the content is shared in some way outside the intention of this privacy. Provider is also not responsible if hacked by an outside party.
  16. If you are a minor, you must have explicit permission from a parent/legal guardian before Use of Provider Offerings. By your Use, you agree that you are at least 13 years of age and if you are a minor you have consent from a parent/legal guardian.
  17. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to, using as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or the third party which may own the Marks. All information and content of the Provider located on the Site is protected by copyright. As concerning Provider content only, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any Provider content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
  18. You have the exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Provider of any unauthorized uses of your user name and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
  19. This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. Relying upon, using or retrieving any information found on the internet has inherent risks. Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
  20. Provider does not guarantee every piece of data uploaded to the Site. Provider relies on users to report any invalid/unnecessary data. Provider includes links to other sites for your convenience but is not responsible for any material/harm that can be found at any Linked Sites. Provider also does not take any responsibility whatsoever for the validity of these sites. Provider has no power over any information found on these sites and does not make any claim that the information provided is truthful or factual. If Provider finds that a site provided on the Site is wrong/not factual, Provider will remove the website if/when Provider deems necessary.
  21. Unless otherwise specifically stated, all Provider Offerings or content, whether related to the Site or obtained from a Linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.
  22. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than Provider, (b) any content provided on Linked Sites, or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information, product, or service obtained through or from a Linked Site. You have the responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
  23. The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors. Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time. By using this site, you agree that you will not do any of the following, including but not limited to, add any sexually explicit material (such as any image, video, text, etc.), make any comments that are either offensive to others or that are hateful, use vulgarity or other coarse language, or upload or use any sort of malicious computer software (including, but not limited to, spyware, computer virus, Trojan horse, worm, etc.). If Provider determines you have done any of these prohibited actions, Provider has the complete authority to terminate your account without warning.
  24. Provider may display advertisements on the Site. By using the Site, you agree to not use ad block or any other software/freeware which removes ads. Provider reserves the right to require users to pay to have accounts.
  25. The Provider may terminate your access to the Site or to its services without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. Upon termination to the Site, any private projects will be deleted and any public projects will be transferred to a Provider- maintained account. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
  26. You agree that Provider, its affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site, or with the delay or inability to use the Site or a Linked Site, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted, or secure access to the Site.
  27. The Provider may contract with other companies or individuals in order to provide services. You agree that the Provider cannot be held liable for any actions or inactions of any contractor used by the Provider in connection with providing services.
  28. These Terms of Use and other referenced material are the entire agreement between you and the Provider with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Provider with respect to the Site and govern the future relationship regarding your use of the Site.
  29. Without limitation on any of our other rights or remedies at law, in equity, or under these Terms, Provider may terminate your access to the Site, in whole or in part, including your right to use any Products.
  30. Your Use of the Provider’s Site, services, products and other offerings and any dispute arising out of such Use is subject to the laws of the State of Wyoming, United States of America and applicable federal law without regard to conflicts of laws principles. You agree that you will first attempt to resolve any concern or issue with the Provider or with the use of this website by communicating fully your concern with the Provider. Should communication with the Provider not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Wyoming, Laramie County, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.