Terms and Conditions for Your Year of Miracles Membership Program
15-Day Money Back Guarantee
Miracles Money Back Guarantee – We’re confident that Your Year of Miracles will have a powerful and lasting effect on your happiness, success, and overall wonderful quality of life, so we’re offering this money-back guarantee: If by the end of your first 15 days of the start of the program or your sign-up date (whichever comes later), you don’t feel the program will benefit you, simply let us know and we’ll give you a refund. And you’re welcome to keep any gifts, bonuses and downloads you’ve already received.
This AGREEMENT (the “Agreement”) is made between the Your Year of Miracles, LLC. (“YOM”) and Site User (“Mentoring Participant”). YOM and Mentoring Participant are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” WHEREAS, YOM has launched the Your Year of Miracles Mentoring Program (the “Mentoring Program”) to provide mentoring opportunities for women and men 18 years or older; WHEREAS, Mentoring Participant desires to participate in the Mentoring Program; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, YOM and Mentoring Participant hereby agree as follows:
1. Waiver and Release. Mentoring Participant hereby releases, waives, discharges and covenants not to sue YOM and its directors, officers, servants, agents, personnel, contractors, volunteers or employees (collectively, the “Released Party”) from any and all actual or alleged liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Mentoring Participant, or any of the property belonging to Mentoring Participant, arising out of or incident to any acts, omissions, negligence, or willful misconduct of other Mentor Participants or the Released Party, or otherwise, while participating in the Mentoring Program.
2. Assumption of Risks. Mentoring Participant is fully aware of the risks involved with the Mentoring Program, including but not limited to, another Mentoring Participant’s negligence, omissions or willful misconduct, and hereby elects to voluntarily participate in the Mentoring Program with full knowledge of any such risks. Mentoring Participant voluntarily assumes full responsibility for any risk of loss, property damage or personal injury that may be sustained by the Mentoring Participant, or any loss or damage to property owned by Mentoring Participant, as a result of being engaged in the Mentoring Program.
3. Indemnification. Mentoring Participant hereby agrees to indemnify and hold harmless the Released Party from any loss, liability, damage or costs, including court costs and attorney fees, that the Released Party may incur due to or caused by Mentoring Participant’s participation in the Mentoring Program, even if caused by the negligence of the Released Party.
4. Not a Substitute for Counseling and Medical Advice and Treatment. Mentoring Participant agrees to not use the Mentoring Program as a substitute for counseling, psychotherapy, medical advice, medical treatment, substance abuse treatment or otherwise. Mentoring Participant acknowledges that the Mentoring Program is not being provided by a licensed medical and/or mental health professional. Mentoring Participant represents that if Mentoring Participant is currently in therapy of any type and/or under the care of a mental health professional that Mentoring Participant has consulted with that professional regarding the advisability and appropriateness of Mentoring Participant participating in the Mentoring Program.
5. No Warranties and Representations; and Limited Guarantee. MENTORING PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT EXCEPT FOR THE 15 DAY MONEY BACK GUARANTEE, YOM MAKES NO OTHER GUARANTEES AND FURTHER, YOM DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM PARTICIPATION IN THE MENTORING PROGRAM, AND, IN ADDITION, YOM MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO ANY BENEFITS, IMPROVEMENTS OR SUCCESS IN MENTORING PARTICIPANT’S LIFE RESULTING FROM THE MENTORING PROGRAM AND/OR ANY ACTIONS TAKEN AS A RESULT OF OR IN CONNECTION WITH THE MENTORING PROGRAM.
6. General Release of Unknown or Unanticipated Results. Mentoring Participant does hereby assume the risks set forth in this Agreement, including without limitation, the risks set forth in Paragraphs 1, 2, 3, 4 and 5, and Mentoring Participant agrees that Mentoring Participant’s releases and waivers set forth in this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences of the Mentoring Program, as well as those known and anticipated, and, Mentoring Participant does hereby knowingly and expressly waive any and all rights and protections under California Civil Code Section 1542, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TH TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”, or any similar law, rule or provision of any jurisdiction pertaining to the matters released in this Agreement.
7. Mentoring Participant Representations. In using this site, Mentoring Participant acknowledges and represents that:
- Mentoring Participant has read the foregoing Agreement, understands it and signs it voluntarily as Mentoring Participant’s own free act and deed.
- No oral representations, statements, or inducements, apart from the foregoing written agreement have been made.
- Mentoring Participant is at least eighteen (18) years of age and fully competent; provided, however that people under the age of 18 may participate with parental approval.
- Mentoring Participant executes this Agreement for full, adequate and complete consideration fully intending to be bound by same.
8. Termination. Mentoring Participant agrees that YOM may, in its sole discretion, limit, suspend or terminate Mentoring Participant’s participation in the Mentoring Program without refund or forgiveness of monthly payments if Mentoring Participant becomes disruptive or difficult to work with, if Mentoring Participant fails to follow the Mentoring Program guidelines, or if Mentoring Participant impairs the participation of instructors or participants in the Mentoring Program.
9. Insurance. Mentoring Participant understands that YOM does not maintain any insurance policy covering any circumstance arising from Mentoring Participant’s participation in the Mentoring Program or any activity associated with or facilitating that participation. Mentoring Participant is aware that he/she should review his/her insurance portfolio.
10. Authority to Enter Agreement. Each Party warrants that the individuals who have used this site and this Agreement have the legal power, right and authority to make the Agreement and bind each respective Party.
11. Binding Authority. It is Mentoring Participant’s express intent that this Agreement shall bind the members of Mentoring Participant’s spouse, family, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue the Released Party on behalf of the Mentoring Participant.
12. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified therein, and supersedes any prior oral or written statements or agreements between the Parties related to the matters herein.
13. Headings. Headings to the paragraphs of this Agreement are inserted only as a matter of convenience and for reference. Such headings in no way define or limit the scope of this Agreement nor the content of any provision of this Agreement.
14. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise.
15. Amendment/Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.
16. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.