Please read carefully: By purchasing any courses, products or memberships (herein referred to as “Program”) from David Hayward and/or NakedPastor, you (herein referred to as “Client”) agree to the following terms stated herein.
PROGRAM/SERVICE
I, David Hayward, The NakedPastor (herein referred to as “David Hayward”, “NakedPastor”, “Consultant”, or “Company”) agree to provide the courses, products or memberships identified in the online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation.
DISCLAIMER
Client understands David Hayward, is not a therapist, psychotherapist or psychologist. Client understands that Consultant has not promised, shall not be obligated to and will not act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Client understands that a relationship does not exist between the parties after the conclusion of the Program. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
The fees for Program will be as identified in the online commerce shopping cart at the time of sale.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card, debit card or PayPal account. If Client elects to pay in FULL, Client may pay by credit card, debit card or PayPal account.
SUBSCRIPTION TERMS
If Client signs up for a subscription, their subscription shall be billed monthly or annually as outlined in the shopping cart at time of sale, and it shall automatically renew unless canceled. Client may cancel subscriptions at any time before the next billing cycle begins to avoid being charged for the next period. For details on how to cancel, Client can follow instructions inside their subscription portal or email Company at Support@TheLastingSupper.com. By subscribing, Client acknowledges that payments are non-refundable except where otherwise promised, or required by law.
REFUND POLICIES
Programs come with a risk free guarantee that is outlined on the sales page for each product or program.
In the event that Client decides their purchase was not the right decision, within the denoted number of days of enrollment (as outlined on each individual sales page) Client may contact Company at Support@TheLastingSupper.com and request a refund by 11:59 EST on the final day of the refund window.
Company will NOT provide refunds after the refund window has closed. After such period, all payments are non-refundable and Client is responsible for full payment of the fees for Program regardless if Program is completed.
Please note: If Client opted for a payment plan and does not request a refund within the identified window, with the required coursework at the time of refund request, Client is required by law to complete the remaining payments of the payment plan.
All refunds are discretionary as determined by Company. To further clarify,Company does not provide refunds after the refund window has closed and all payments must be made on a timely basis. If payments are not made on time, Client agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If Client has any questions or problems, Client may contact Company directly at Support@TheLastingSupper.com.
NO TRANSFER OF INTELLECTUAL PROPERTY
David Hayward’s program and courses are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of David Hayward. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product or joining this membership, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MISCELLANEOUS
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client’s participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
ASSIGNMENT.
Client may not assign this Agreement without express written consent of Company.
MODIFICATION.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Members.TheLastingSupper.com website and purchasers shall be notified.
TERMINATION.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
INDEMNIFICATION.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Clients payment for the right to participate in Company’ Programs, the Client, Client’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge NakedPastor and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client’s participation in the Programs.
RESOLUTION OF DISPUTES.
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: Support@TheLastingSupper.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick in the Country of Canada.
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