TERMS OF USE

Effective Date: October 1, 2024

These Terms of Use govern the use of the website https://instituteforhigherhealing.com (the “Website”), operated by The Freedom Medium LLC (“­­­­­­­Company”), any links to other websites contained on the Website, other online resources accessible via the Website, and your purchase of any products offered for sale through the Website (“Products”). 

By accessing and using the Website, you agree to these Terms of Use (aka, the “Terms”). 

Company reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted means that you acknowledge and accept the modified Terms of Use. Except as provided in this paragraph, these Terms of Use may not be amended.

The text below each section is aimed to give a plain English breakdown of what’s contained in each section. Please make sure you read the entire agreement, as all terms are legally binding, and the plain English wording is only a summary!

1. Price and Payment Terms. Pricing is subject to change without notice. Company reserves the right to limit quantities. Your total price for any Products purchased will be stated on your e-mailed purchase receipt. Payment must be received by Company prior to Company’s acceptance and fulfillment of an order. Prices are based on U.S. currency. Company reserves the right to decline the acceptance of any order, including, without limitation, if the listed price of the Product is a mistake and/or has been hacked. Orders are not binding on Company until accepted by Company. Shipping and handling fees may be added to the final price you pay for any physical Products.

Prices are subject to change.

2. Taxes. Applicable sales taxes may be added to the final price you pay for any Products unless you provide Company with a valid and correct tax exemption certificate. Some states require that their residents file a sales or use tax return for items purchased online. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. In exchange for Company collecting and remitting taxes required on your purchases, you waive your right to claim that the tax collected on any purchase is incorrect, and you agree to hold Company and its related parties harmless for any harm or other damages you may incur as a result of any error by Company in calculating the taxes you owe for your purchases.

Sales tax is sometimes a necessary evil. Company is not currently required to remit sales tax for products in every state, but we’ll do our best to comply with all applicable laws. You should be aware of any sales or use tax obligations you might have in your area.

3. Delivery, Shipping, and Ownership. Company will arrange for delivery of your purchased digital Products via email as soon as possible after payment is confirmed.

Company will arrange shipping of physical Products to the address you enter at checkout. Title to the Products passes to you upon delivery to the postal carrier, and risk of loss passes to you on delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. Company will inform you of estimated shipment dates. All physical Products will be shipped as soon as possible. You must examine the Products when you receive them. If any item is damaged or missing, you must notify Company immediately. Company will not consider any claim for damaged or missing items more than ten (10) days from the date of delivery.

All rights – including copyright and all other proprietary rights -- in the Products remain with Company, and delivery of a Product to you only grants you permission to you, individually, to use the Product, but this permission is not equal to a sale or any other grant of rights to the Product. Please contact Company for wholesale inquiries. See the Intellectual Property section below for further terms regarding Company’s rights to all Products.

Your rights to any Products are limited and do not include ownership or commercial use.

4. Support. Unless specifically stated in the description for any Product, Company does not provide support for any Products. Company makes best efforts to make sure Products are accurate and up to date but cannot make any guarantees. 

Support not included in your purchase unless specifically stated.

5. Product Description and Availability. Company may revise and discontinue Products at any time. Product availability is subject to change without notice. Company attempts to be accurate in its descriptions of Products. Company does not guarantee, however, that descriptions of Products or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Textures, finishes, colors, patterns, sizes, and other visual features of Products might display differently on your computer monitor or device than the items appear in hand. Images are shown for example purposes only. Colors, patterns, sizes, and other visual features of Products might display differently depending on the device on which you view a Product.

Product availability is subject to change. Products might look different from screen to screen.

6. Refunds and Return Policy. 

Due to the nature of digital Products, all sales are final and Company does not issue refunds. But, if you are dissatisfied with your purchase of a digital Product, please email team@instituteforhigherhealing.com.

All physical Products are final sale. No refunds. Any returned Product may be refused by company. 

This is our refund and returns policy

7. Disclaimer of Warranties. Use of the Website and any Product is at your sole risk. The Website and Products are provided on an “as is” and “as available” basis, meaning Company makes no guarantees that Products will meet any particular standards or requirements or be available at all times. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding any Products or your use of the Website in terms of correctness, accuracy, reliability, or otherwise. Company will have no liability to you or anyone else for any interruptions, errors, computer viruses or other harmful components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO ALL PRODUCTS, THE WEBSITE, AND THE INFORMATION PROVIDED ON THE WEBSITE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE A PRODUCT OR THE CONTENT OF THE WEBSITE. COMPANY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company makes no guarantees or warranties at all regarding the Website – including your ability to access the website or regarding any content on the website – or regarding any Products.

8. Disclaimer. The contents of the Website and/or any Products are not intended to, nor do they constitute legal, professional, tax, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Company provides this Website for entertainment, informational, educational, and promotional purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website. 

This website is provided for entertainment, informational, educational, and promotional purposes only. You may not rely on it for any advice.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNFORESEEABLE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR MONETARY LOSS RELATED TO ANY PRODUCTS, YOUR USE OF THE WEBSITE, THE INFORMATION CONTAINED IN IT, OR YOUR USE OF ANY PRODUCT, OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS, REGARDLESS OF THE TYPE OF LAW UNDER WHICH THOSE DAMAGES ARISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, despite the previous sentence, liability is imposed upon Company, Company’s total liability to you or any third party will not exceed one hundred dollars ($100) or the total amount that you paid for any Products on the date your claim arose, whichever is greater. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.

Company disclaims all liability in connection with the Website and all Products. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is $100 or the total amount you paid for any Products, whichever is greater.

10. Accounts. You may have the option to create an account to participate in certain features of the Website or purchase a Product. If you are under the age of 18, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide and maintain true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity and from using another person’s username, password, or other account information. You must promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

You might be able to create an account on the Website. If you do, all information you submit must be truthful and lawful.

11. Your Warranties. You warrant and represent that all content added to the Website by you or at the instruction of you or your agents or representatives -- including, without limitation, messages, comments, text, illustrations, files, images, graphics, photographs, comments, sounds, music, videos, information, and/or other content (“User Content”) -- is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise maintain all necessary rights in order to add or upload such User Content. 

Basically, anything you upload through the Website (“User Content”) must be lawful, truthful, non-infringing, that kind of stuff.

12. User Content. To the extent forums, communities, or comments are present as part of the Website or any Product, you may create or come into contact with User Content. You -- and not Company -- are solely responsible for any User Content you post or upload to the Website or as part of any Product. Company is not responsible or liable for the contents of any User Content on the Website. User Content does not express the views of Company. Company has the right, but not the obligation, to monitor User Content, and Company does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior on or through the Website. Company does not claim ownership of the User Content on the Website. 

You acknowledge that public forums offered on the Website, if any, are for public and not private communications. You are and will remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting content. You should be skeptical about information provided by others, and you acknowledge that the use of or reliance on any content posted on the Website is at your own risk.

By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website and/or Company’s promotional purposes. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with the Website or with Company. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Company may discontinue operation of the Website, or your use of the Website, in either case entirely or partially, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.

User Content is content uploaded by Website or Product users in the context of comments, forums, communities, or other spaces where users might input or upload content for other Website users to see. Company isn’t responsible for the User Content in any way. Use common sense when relying on User Content and using public forums. You allow us to use any User Content you upload in connection with the Website and our promotional purposes. 

13. Indemnification. You will indemnify and hold Company and its subsidiaries, affiliates, members, officers, agents, and representatives harmless from any claim, demand, liability, loss, damage, or cause of action, including reasonable attorneys’ fees and costs, due to or arising out of your breach of these Terms of Use or your use of any Products or of the Website. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any such matter without Company’s written consent. 

If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of these Terms of Use, or your use of any Products or the Website, you are financially responsible for all of that damage.

14. Compliance with Laws and Prohibited Uses. You assume all knowledge of applicable law and are responsible for complying with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. 

You are prohibited from posting or transmitting through the Website:

a. material that violates or infringes on the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other right of Company or of any other person or entity; 

b. material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable (in Company’s determination); 

c. material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation; 

d. material that is an overt, unwelcome, or harassment-level advertisement for goods or services or a solicitation of funds (in Company’s determination); 

e. material that includes personal information such as phone numbers, social security numbers, account numbers, addresses, or employer references; 

f. material that contains a formula, instruction, or advice that could cause harm or injury; 

g. material that, if used by Company, would cause Company to be liable or have legal obligation to a person or business;

h. material that could facilitate mail abuse or unsolicited email of any type (spam); or

i. material that could facilitate scraping, or systematic retrieval of data or other Website Content from this Website to create or compile a collection, compilation, directory, database, or data set for artificial intelligence training without Company’s express prior written permission.

Company reserves the right to refuse service to you for violation of this Section or any of these Terms of Use.

You absolutely, positively, cannot do the things in Section 14 in connection with your use of the Website.

15. Intellectual Property. Unless otherwise noted, all Products and content on the Website are subject to Company’s intellectual-property rights -- including copyrights and trademarks – or the rights of Company’s licensors. Subject to your compliance with these Terms of Use, Company grants you a personal, non-exclusive, non-transferable, limited right to access, use and view this Website, Products you purchase, and the information on the Website, including, without limitation, all text, files, designs, graphics, drawings, illustrations, images, photographs, video, music and sounds, and/or other content and all trademarks, service marks and trade names used at this Website, and all such content as displayed on the Website OR incorporated into any Products (all together referred to as the “Website Content”), solely for your own individual use. You may not, nor may you allow others to, directly or indirectly sell, license, rent, distribute, transfer, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, but not limited to: use of the Website Content on any other website or platform, or use or incorporation of the Website Content into a product for sale or commercial gain. Except as specifically provided in these Terms, Company does not grant you the right to use or reproduce the Website Content, and all intellectual-property rights in the Website Content not granted to you or mentioned specifically in these Terms are expressly reserved by Company.

For clarity, Company and/or its licensors (as the case may be) is and will remain the sole and exclusive owner of all intellectual property rights in each Product and all content incorporated into each Product, and including, but not limited to, all copyright, trademark, and other intellectual property rights. You do not acquire any ownership of any rights in any Products by virtue of purchasing a Product. Any sale, distribution, transfer, copying, or unauthorized use of any Product to a third party for that party’s use is strictly prohibited.

YOU MAY NOT USE THE WEBSITE CONTENT OR ANY PRODUCTS FOR RESALE OR FOR ANY RELATED COMMERCIAL PURPOSE UNLESS SPECIFICALLY STATED OR UNLESS WE HAVE ENTERED INTO A SEPARATE WHOLESALE AGREEMENT.

All content on the Website and all Products are subject to Company’s intellectual property rights. (Or the rights of third parties that have licensed content to Company.) You do not acquire any rights to the Product (except for your individual right to use the Product) just by virtue of your purchase.

16. Submission of Information. Although Company may provide some security in an effort to protect the electronic transmission of certain information through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g., credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility. 

We do what we can, but we can’t guarantee the safety or security of your connection or of the Website.

17. Privacy Policy. Registration data, if any, and information you supply when you place an order for Products through this Website, including, without limitation, credit card and other personal information, and other personal information about you is subject to Company’s Privacy Policy (https://instituteforhigherhealing.com/privacy). By using the Website, you consent to the collection and use of this information in accordance with that Privacy Policy.

We process personal and payment information according to our Privacy Policy.

18. Restrictions on Use by Minors. If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 18. Company does not collect personally identifiable information from any person Company actually knows is under the age of 18.

If you’re a minor, you may only use this website under parental supervision.

19. Denial of Access. Company, for any reason and at its sole discretion, may decide to deny anyone access to any part of the Website. By agreeing to these Terms of Use, you agree to immediately cease and desist from any attempt to access the Website after such a denial.

We can deny access to the Website to anyone for any reason.

20. Modifications and Interruption to Service. Company will make its best efforts to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

We can’t guarantee uninterrupted access to the Website.

21. Third Parties and Third-Party Sites . The Website may include links to advertisements or other sites on the Internet that are owned, operated, and/or maintained by third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, or the privacy practices of any third-party site. Company does not operate, control, or endorse the content found on these third-party websites. Your use of these third-party sites is at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Your use of those third-party sites is subject to the terms of use and privacy policies of each site. If a third-party links to the Website, it is not necessarily an indication of Company’s endorsement, adoption, authorization, sponsorship, or affiliation with that third party. Company makes no warranties or representations whatsoever with regard to any product or service provided or offered by any third party, and your reliance on representations and warranties provided by any vendor or third party is at your own risk. You assume sole responsibility for your use of third-party links. Company is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

Any link to an outside website (or from an outside website to the Website) is not an indication of sponsorship, approval, or affiliation between Company and that other website. Outside websites have their own terms and privacy policies and Company makes no promises whatsoever regarding any linked websites.

22. Venue and Governing Jurisdiction. The Website is operated and provided in the State of Kansas. As such, Company is subject to the laws of the State of Kansas. Any legal issues arising from or related to your use of the Website will be construed in accordance with, and all questions with respect to such issues will be determined by the laws of the State of Kansas applicable to contracts entered into and performed within Kansas, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms of Use or your use of or visit to the Website must be brought in the state or federal court located in Wichita, Sedgwick County, Kansas, as applicable (or, if no court is located there, as close to that venue as possible). By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Wichita, Sedgwick County, Kansas with respect to all such disputes. Company makes no representation that the Website is appropriate, legal, or available for use in other locations.  Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Kansas.

Here are the state’s laws that apply to these Terms of Use and the location where any disputes must be raised.

23. Other Terms. If any provision of these Terms of Use is deemed by an appropriate court to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) will not be affected by that determination and will remain valid, binding, and enforceable to the maximum possible extent. Company’s failure to insist on or enforce strict performance of any provision of these Terms of Use do not constitute a waiver of any provision or right in the future. The Privacy Policy (https://instituteforhigherhealing.com/privacy) is a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Company and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. The headings and summaries in these Terms of Use are for reference and convenience only and do not affect the interpretation of these Terms of Use. The rights granted by you under these Terms of Use may not be terminated, revoked, or rescinded and are not subject to reversion.

Here are additional miscellaneous terms that apply to your use of the Website.

Membership Terms and Conditions

Summary

  • Welcome! This bullet-pointed summary is provided for your convenience, but you should absolutely, positively read this entire document because it is a binding agreement.

 

  • The goal for the “highlights” under each section below is to provide a plain-English summary of each section but, again, you should read this entire document because summaries and explanations don’t capture every detail.

 

  • By selecting “I agree and consent” and/or by enrolling in The Freedom Medium LLC dba Institute for Higher Healing’s program known as Intuitive Design Membership™ (the “Program”) you are indicating that you have read and agree to these Membership Terms and Conditions (the “Agreement”).

 

  • The Program was created to provide an all-access pass to any programs and courses created by Crystal Moreland along with ongoing support via group container (the “Program Objective”). 

 

  • By proceeding, you understand completely what is (and is not) included in the Program.

 

  • You can’t, and won’t, copy, display, redistribute, or otherwise exploit or monetize any content found during your use of the Program except for your own personal use and work on the Program Objective. This means (and we mean this in the kindest way possible…) you cannot share screen shots, videos, or other media showing any part of the Program publicly (online or otherwise), with friends or colleagues, or anywhere else.

 

  • There is a group component to the Program. Be courteous and use your best judgment.

 

  • Hateful, harassing, violent, and/or otherwise unlawful or disruptive communications (as determined in our sole discretion) will not be tolerated and will be grounds to block you from any group components or otherwise immediately terminate your enrollment in the Program without refund.

 

  • Results vary and are not guaranteed. Your participation in the Program is critical to your own success and satisfaction!

If you violate this Agreement, your access to the Program may be revoked or terminated, with or without warning.

Highlights: These bullet points are a summary of what you can find in this Membership Agreement. But, know that it’s just a summary. You should absolutely read the entire Agreement, because you are bound to it by becoming a member.

Additional Terms and Conditions

These Membership Terms and Conditions serve as a binding agreement between you and The Freedom Medium LLC dba Institute for Higher Healing (“Company” or “we”). In exchange for the promises made between you and Company, Company agrees to provide certain specific services, encompassed into the Program, and you agree to all terms laid out in this Agreement as a condition of your enrollment and participation in the Program.

Highlights: This is where we get into the meat of what this agreement (the Membership Terms and Conditions) is all about.

1. WHAT’S INCLUDED

In exchange for a yearly fee in the amount of One Thousand, Nine Hundred and Seventy Dollars ($1970 USD), an automatic, recurring fee in the amount of One Hundred and Ninety-seven Dollars ($197USD) per month, (the “Membership Fee”), Company will provide the membership program services detailed specifically at https://instituteforhigherhealing.com/membership

Enrolling in the Program provides you access to these services on a month-to-month basis for one calendar year. Your access to the Program and any Program Materials is all subject to the terms of this Agreement. For purposes of this Agreement, “Program Materials” means all documents and other files, including templates, recordings (whether audio, visual, or audiovisual), worksheets, workbooks, guides, presentations, courses, content, slide shows, writings, text, literature, graphic designs, other designs, action plans, contracts, detailed instructions, and all other materials created or provided by Company in the course of providing the Program.

Highlights: This is a description of the services included in your membership. Your access to the Program Materials (which is defined in this section) is subject to the terms of this Agreement.

2. FEES AND PAYMENT; CANCELLATION; REFUND POLICY

Once you enroll in the Program, you agree that we may automatically charge your payment method on file on a monthly basis or yearly basis (depending on your payment selection) until cancelled. From time to time, the Fees for the Program may change (only with advance notice to you). This Agreement applies to all future prices, regardless of whether this document is updated to reflect those prices.

If for any reason you wish to cancel your enrollment in the Program, you may cancel at any time. Cancellation will not refund any payments made as of the date you submit your cancellation request.  No refunds will be issued for this program, and that includes refunds for any partial month or months prior to your cancellation.

Highlights: You understand that the membership involves a recurring fee and you will be charged accordingly. This section also describes how cancellations and refunds are processed.

3. MEMBERSHIP ELIGIBILITY

In order to become a member of the Program, you must:

• Be at least eighteen years of age.

• Be legally competent to enter into a binding agreement. and

• Enroll during a permitted enrollment period.

Company retains the right to reject or eject any member for any reason whatsoever. You may have the option to create an account. If you create an account, you must provide and maintain true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You must promptly notify Company with any questions or concerns of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Program.

Highlights: You must meet these eligibility requirements in order to become a member.

4. MEMBER’S PARTICIPATION REQUIRED FOR RESULTS

Your own participation is integral to your success and enjoyment of the Program. Company will help to guide you and will perform its obligations as to the services included in the Program, but you understand and agree that you must take all actions necessary in order to benefit from the Program. You also understand that prior results by others do not guarantee a similar outcome for you, due to many factors such as your own participation and other circumstances outside of Company's control. 

Highlights: You won’t see results from this membership unless you show up as necessary.

5. INTELLECTUAL PROPERTY

All Program Materials are the sole and exclusive property of Company and/or its licensors, and are protected under applicable copyright, trademark, and other proprietary rights. You may only use the Program Materials as expressly permitted by this Agreement. You may use the Program Materials solely in connection with your own personal use and/or in connection with the internal development of your own business. Replication or any other use of the Program Materials for your own commercial benefit or profit is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Program Materials (or portion of the Program Materials) for use or viewing by others – for example, sharing Program Materials on social media, the internet, with friends or colleagues for their use or manipulation, or allowing a non-member access to the Program Materials – is also strictly prohibited. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “knock off” or “spin-off” works) from -- or transfer, sell or otherwise exploit or infringe on -- any portion of the Program, or on any intellectual property rights related to any Program Materials, or any products, or services obtained from or otherwise transmitted through the Program. Nothing in this Agreement should be interpreted as granting any license or right for you to use any Program Materials or other intellectual property belonging to Company without Company’s express written permission. To be clear, Program Materials are not for resale or distribution in your own community, membership, course, business offer or product unless we specifically state otherwise, in writing. Any violation of this Section will be grounds for termination, with or without notice, and all other available legal action.

Highlights: You don’t own any part of the Program Materials, and you can only access and use the Program Materials according to the terms of this Agreement. No sharing the Program Materials with anyone outside of the Program. No copying or otherwise using the Program Materials except for your own personal use.

6. COMPLIANCE WITH LAWS AND PROHIBITED USES.

You will comply with all applicable laws regarding your use of the Program. You assume all knowledge of applicable law and are responsible for compliance with all such laws. You are prohibited from using the Program in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You are also prohibited from:

• Sharing your username and/or password with any other user or any third-party;

• Crossing appropriate boundaries – either with Company or with other users of the Program – (where appropriateness will be determined by Company in its sole discretion) e.g., unsolicited tagging, spamming, or aggressive sales-focused communication or contact with other members (or Company) in connection with your business endeavors, offers, or otherwise (aka slimey sales stuff!);

• Using the Program for any commercial purpose or for the benefit of any third party, including, but not limited to, permitting unauthorized access to the Program, Program Materials, or any related content or selling any Program Materials or distributing or allowing access to the Program Materials to any third party;

• Posting or transmitting material through the Program that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary or other third-party right of Company or any other person or entity;

• Posting or transmitting material through the Program that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable;

• Posting or transmitting material through the Program that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

• Posting or transmitting material through the Program that is an advertisement for goods or services or a solicitation of funds without permission from Company and/or its agents;

• Posting or transmitting material through the Program that includes private, personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;

• Posting or transmitting material through the Program that contains a formula, instruction, or advice that could cause harm or injury;

• Posting or transmitting material through the Program where the use of that material by Company would result in Company having any obligation or liability to any party; or

• Posting or transmitting material through the Program that could be used to facilitate mail abuse or unsolicited email of any type (spam).

Company reserves the right to refuse service, terminate membership, revoke access or otherwise take action against you for violation of this Section or any terms of this Agreement.

Highlights: You absolutely positively can’t use the Program to do these things.

7. DISCLAIMER

The Program is for educational purposes only. No content located on or accessed through the Program is intended to, nor does it constitute legal, professional, financial, tax, medical, or healthcare advice or diagnosis, and may not be used for such purposes. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY RESULTS FROM THE PROGRAM. IT IS IMPOSSIBLE FOR US TO GUARANTEE THESE THINGS, SO WE MAKE NO WARRANTY (PROMISE) THAT 1) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) THE PROGRAM, AND ANY CONTENT PROVIDED IN THE PROGRAM, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) ANY ERRORS IN SOFTWARE WE UTILIZED WILL BE CORRECTED, OR 4) YOU WILL BE ABLE TO ACCESS THE PLATFORM(S) ON WHICH THE PROGRAM IS MADE AVAILABLE. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Program or any materials located within the Program.

Highlights: Results aren’t guaranteed, and we make no warranties or guarantees regarding the Program or any specific results.

8. LIMITATION OF LIABILITY

COMPANY WILL NEVER BE LIABLE TO YOU FOR ANY UNFORESEEABLE DAMAGES THAT OCCUR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM. IF LIABILITY IS IMPOSED ON COMPANY, THE MAXIMUM WE WILL BE RESPONSIBLE FOR IS THE FEE PAID BY YOU IN EXCHANGE FOR ACCESS TO THE PROGRAM. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Highlights: Company disclaims all liability in connection with the Program. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is the total Membership Fee you paid as of the date your issue or claim against us arose.

9. PUBLIC FORUMS AND OTHERS’ CONTENT

Public forums or group spaces may be available through the Program (referred to as “Public Forums”). You should be aware that ANY information you post in a Public Forum could be read, collected or used by other users. Company is not responsible for the identifiable information you choose to submit in Public Forums. You are and will remain solely responsible for the content you post on these forums and for the consequences of submitting and posting such things. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted or transmitted by others in the Program (whether in a Public Forum or otherwise) is at your own risk. Company does not warrant the accuracy or timeliness of any information in Public Forums. You must use common sense when it comes to disclosing privileged or confidential information in any group setting and refrain from posting or divulging such information.

Highlights: Use common sense in public forums that might be available as part of the Program. (This means refraining from posting sensitive information, etc.)

10. USER CONTENT

You warrant and represent (aka promise) that all content added to any forums or submitted to us by you (or at your request) including, without limitation, messages, documents, files, images, designs, photos, comments, videos, information, and/or other materials (“User Content”) does not infringe the rights of any third party. By adding, sharing, or uploading User Content during the Program, you warrant and represent that you own or have the necessary permissions to use the User Content in that way. Company is not responsible or liable for any User Content accessible through the Program or any forum or community offered in connection with the Program. User Content does not express Company’s views. Company has the right, but not the obligation, to monitor User Content but does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior or any User Content submitted or transmitted by you through the Program or any related forum or community. Company is not responsible for the accuracy of any User Content and you -- and not Company -- are solely responsible for any User Content you post, upload, or access. Company provides this Program for entertainment, informational, and educational purposes only. You may not rely on any information and opinions expressed through the Program for any other purpose. 

By posting or uploading User Content through this Program, you grant Company permission to use the User Content in connection with the Program. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location, in connection with broadcast, print, online, or other use or publication of your User Content solely in connection with promoting the Program. Regardless, you waive all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Highlights: You control all content that you add or upload through the Program and make certain promises with regard to that content. Company isn’t responsible for any User Content, and you shouldn’t rely on any User Content. We don’t own User Content, but we have a license to use any User Content in connection with the Program.

11. MODIFICATION/SUSPENSION OF THE PROGRAM.

Company reserves the right at any time to modify or suspend, temporarily or permanently, the Program or any part of the Program -- including, but not limited to, adjusting the services included, limiting participation, and/or closing membership -- with or without notice. In the event of a suspension of the Program, Company will issue an applicable pro-rated refund. Company will not be liable to you for any modification, suspension or discontinuance of the Program or any service except as specifically stated in this Agreement.

Highlights: Company can change, suspend, or end the Program under these terms.

12. TERMINATION

You may terminate your participation in the Program at any time by notifying team@instituteforhigherhealing.com in writing of your desire to do so. Any termination does not relieve you of the obligation to pay Membership Fees described in this Agreement incurred through the date of termination. We may terminate your access to any part of the Program at any time if you are disruptive or if you violate this Agreement (as determined in our discretion) and you will not receive a refund or prorated refund of any kind if such termination becomes necessary. 

Highlights: Here is how to terminate your membership in the Program. Membership Fees that you agreed to still apply.

13. FORCE MAJEURE

If circumstances beyond your control or Company’s control make performance of the services included in the Program impossible – including, but not limited to, medical emergency, fire, flood, tornado or other act of weather, riot, war, and/or insurrection – all of Company’s obligations under this Agreement will be suspended until Company may, in Company’s discretion, safely resume performance of the Program.

Highlights: Here is what happens when circumstances beyond anyone’s control strike.

14. SEVERABILITY

If any part of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain valid, binding, and enforceable.

Highlights: If any part of this Agreement is stricken or unenforceable, the rest of this Agreement won’t be affected.

15. WAIVER

Company’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach. 

Highlights: By waiving one breach of this Agreement, we’re not waiving subsequent breaches.

16. ASSIGNMENT

Company may assign this Agreement to a successor-in-interest. You may not. Any other assignment or attempted assignment made by you or Company will be deemed void.

Highlights: You can’t assign your part in this Agreement.

17. APPLICABLE LAW; VENUE.

The laws of the state of Kansas, without regard to conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and Company or its agents or affiliates. Any and all disputes arising under or related to this Agreement must be settled in a court of competent jurisdiction in (or, if no such court exists, as close as possible to) Wichita, Sedgwick County, Kansas.

Highlights: Here are the state’s laws that apply and the geographic location where any disputes must be brought.

18. INDEMNIFICATION.

You will indemnify, defend and hold harmless Company and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to your material breach of this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, under any circumstances, settle any such matter without Company’s written consent. Indemnification for purposes of this Agreement will include attorneys’ fees and costs Company incurs as a result of your breach.

Highlights: If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of this Agreement or in connection with the Program, you are financially responsible for all of that damage.

19. COMMUNICATION.

By enrolling in the Program, you consent to receive notices, updates, and other communications from us via email. You may unsubscribe from these notices, but know that by unsubscribing, you may not receive crucial updates to the Program and/or Program Materials. We handle all personal information according to the terms of our Privacy Policy (available at https://instituteforhigherhealing.com/privacy).

Highlights: After you enroll in the Program, we’re going to email you. (You can unsubscribe.)

20.  ENTIRE AGREEMENT; ADDITIONAL MISC. TERMS.

The headings and summaries in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement, along with the Summary first listed above, the “Highlight” comments below each section, and the Terms of Use and Privacy Policy (at https://instituteforhigherhealing.com/privacy), constitute the entire agreement between you and Company regarding the Program and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Program. To the extent the terms in the body of this Agreement conflict or contrast with the Summary at the beginning of this Agreement or any Highlight, the full provisions in the body of the Agreement will govern interpretation of this Agreement. Regardless, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Program. Company may revise this Agreement at any time by updating it and posting it on the Program website, but not without first notifying you. Your continued use of the Program after being notified of any changes that have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

By enrolling in the Program, you agree that you understand and have thoroughly reviewed this Agreement before enrolling, or that you have had ample opportunity to review it and have it fully explained to you.

If you have any questions regarding this Agreement, please contact Company at team@instituteforhigherhealing.com.

Highlights: This Agreement supersedes any other agreements between you and Company regarding the Program. Company might update this Agreement, but you will be notified if that happens.

General Disclaimer

This website and all the information it contains is based on our personal experience and journey which we are sharing for educational and informational purposes only.

Company assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site. The opinions are not necessarily the views of Company. Company does not control, monitor or guarantee the information contained in external web sites that are linked to from our site, and does not endorse any views expressed or products or services offered therein.

Please note that the content of this page can change without prior notice. This disclaimer was last updated on October 1, 2024.