TERMS AND CONDITIONS OF USE
LAST MODIFIED ON: August 1, 2024
These Terms and Conditions of Use are entered into by you and The Medium Experience LLC (the “Company”), along with all of the Company’s third-party vendors (“Affiliates”), providing the Company websites, the Services, and all associated features owned or controlled by the Company or its Affiliates (the “Site”). The Company provides education, workshops, retreats, and coaching services (the “Services”), which are all provided subject to the terms of these Terms of Conditions of Use. By submitting information to, accessing information from, and otherwise using the Services, you, the end user customer (“You” or “User”), agree to the terms and conditions contained in these Terms and Conditions of Use. These Terms and Conditions of Use includes, and hereby incorporates by reference the Company’s Privacy Policy which can be found on the Site. These Terms and Conditions of Use are collectively, with all additional agreements relating to the Site and Services, called the “Agreement.”
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU FURTHER REPRESENT THAT YOU HAVE THE POWER, RIGHT, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT AND FURTHER MAKE THE WAIVERS CONTAINED IN THIS AGREEMENT. WHEN YOU USE THE SITE AND THE SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SITE AND SERVICES. THE COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME, WITHIN ITS SOLE DISCRETION. IN THE EVENT THE COMPANY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE SITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT TO THIS AGREEMENT.
All questions concerning this Agreement should be directed to: The Medium Experience LLC, 2015 N. Garfield Ave., Loveland, CO 80538.
1. USE OF SITE AND SERVICES. You engage the Company to provide the Services and products designated by You in the booking information. The Company uses third party vendors for creating reservations for bookings, the processing of payments, collection of information, provision of the Services and related functions. All Bookings for the Services will be through the Site. One booked, You many not cancel or reschedule any Service without 72 hours prior written notice to the Company. The Company may, in its sole discretion, reschedule any Service without any liability for refunds of booking fees. The Company reserves the right to discontinue any Service at any time, the right to limit the quantities of any Services, and the sales of Services to any person, geographic region, or jurisdiction.
2. FEES; PAYMENT; NO REFUNDS. The fees for the Services shall be based on the information provided by Users when making a booking for any Service. All fees are subject to the Company’s standard pricing at the time the Services are booked. All invoices for Services will be due and payable within 15 days of Your receipt of such invoice, and you agree to pay for the full cost of any Service you purchase, regardless if you leave the Service, do not complete it in the time frame provided, or do not use the container at all or for whatever other purpose set out in this Agreement. If you are on a payment plan for a Service and you choose to terminate your agreement before the Services are completed, you will be responsible for paying the difference of the full price for the Service. You understand and acknowledge that the Company makes expenditures for Services in advance, and that it cannot recuperate its costs if you cancel any Service. If you fail to make a payment when due, the Company reserves the right to remove you from the Service where applicable until payments are again current. If you have provided a designated payment method for the Company to charge for any fees or deposits, you acknowledge and agree that Company or its Affiliates will charge your designated payment method for all future fees owed for any Service. ALL PAYMENTS ARE NON-REFUNDABLE, AND NO RETURNS WILL BE ACCEPTED WHATSOEVER. You also acknowledge and agree that the Agreement provides a dispute resolution process as a way for You to resolve disputes. To the extent permitted by applicable law, You therefore agree not to ask your credit card company, bank, or other payment method provider to charge back any fees charged pursuant to the Agreement for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement. If You initiate a chargeback in violation of this Agreement, You agree that Company or its Affiliates, may dispute or appeal the chargeback and institute collection action against You, and take such other action it deems appropriate.
3. USER RESPONSIBILITIES AND WARRANTIES. Users are responsible for providing accurate information to the Company related to the Services and working cooperatively with the Company to promptly address any questions or concerns the Company’s or any Affiliate’s personnel might have. You represent and warrant that you are solely responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the relationship and interactions with Company or Affiliate personnel. As such, You agree that the Company, its personnel, Affiliates, employees, agents, or contractors are not and will not be liable or responsible for any actions, or inactions, or for any direct or indirect result of any Services provided by the Company. You understand that the Services the Company provides are not therapy, does not substitute for therapy if needed, and does not prevent, cure, treat, or diagnose any mental disorder or medical disease. You acknowledge that the Services do not involve the diagnosis or treatment of any disorder, and that the Services are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, financial, or other qualified professionals and that it is Your sole and exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health or other professional, it is recommended that You promptly inform the professional provider the nature and extent of the Services purchased through the Company. If You fail to comply with this Agreement, the Company is under no obligation to complete the Services and You are still obligated to pay all Fees owed to the Company under this Agreement. YOU ARE SOLELY LIABLE FOR ANY AND ALL DAMAGES RELATED TO ANY BREACH OF YOUR WARRANTIES. YOUR REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN ARE TRUE AND CORRECT FOR THE ENTIRE DURATION OF THE SERVICES AND SO LONG AS YOU RECEIVE THE SERVIVES OR ARE IN THE POSSESSION OF ANY SERIVCE RELATED MATERIALS PURSUANT TO THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY PURSUE ALL LEGAL REMEDIES AVAILABLE TO IT FOR YOUR BREACH OF THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN.
4. USER WAIVER. You hereby acknowledge that You have volunteered to participate in the Services with the Company, including, but not limited to energy healing, spiritual and intuitive consultation and guidance, wellness coaching, life coaching, yoga, meditation, classes, programs, products, and workshop attendance. You acknowledge that the Company is not a licensed physician or psychotherapist. You represent and warrant that it is Your responsibility to maintain a relationship for yourself with a medical doctor or mental health practitioner for medical or psychological problems and concerns. You acknowledge and agree that You assume all risks associated with any and all activities, classes, workshops, materials, programs, or other information related to the Services in which You participate. Any insights, declarations, and statements made by the Company or its Affiliates hold no guarantees whatsoever. In consideration of the Services provided by the Company, You do here and forever release and discharge and hereby hold harmless the Company, and its respective agents, representatives, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation in the Services. You acknowledge and agree that no warranties or representations have been made to You regarding the results You will achieve from any Service, insight, or program provided by the Company. You understand that results are individual and may vary.
5. USER PROPERTY AND CONTENT. You shall not use the Site or the Services to post or transmit content (a) intend to collect personal or personally identifiable information third parties; (b) that violates or infringes upon the rights of any third party, including, without limitation, intellectual property and privacy rights; or (c) that constitutes fraud. The Company shall have sole authority to choose the manner in which any booking will be received and the details of any Service. The Company reserves the right to deny Services, or refuse Services to anyone at any time in its sole and absolute discretion.
6. RELATIONSHIP OF PARTIES. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, or employer-employee relationship between Company and a User. Company is solely responsible for and has complete discretion with regard to performance of the Services.
7. RECORDS. The Company will provide Users with access to all images and files related to specific Services. All access, storage, and use shall be subject to the terms and conditions of the Company. Nothing in this Agreement requires or will be construed as requiring Company to maintain any specific records for Users. You are solely responsible for the storage, and backup of any records provided to you by the Company. This Agreement and any booking for or subsequent use of the Services will not be construed as creating any responsibility on Company’s part to store, backup, retain, or grant access to any information or data for any period. In connection with this Agreement, you may be entitled to receive, or we may otherwise provide, certain records from the Company or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Services, you give us permission to provide these records to you electronically instead of in paper form.
8. INTELLECTUAL PROPERTY. The Company is the owner of all rights in and to the Site and Services, and all associated content, including, but not limited to, design rights, trade dress, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights (the “Content”). All information and Content obtained from the Site and Services, and any other information otherwise made available by the Company is proprietary to the Company and its licensors, and is protected by copyright and other United States and international intellectual property rights, laws, and treaties. You are expressly prohibited from using the Site or any Services for any purposes not stated in this Agreement. You are prohibited from using the Company’s trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Site or in the provision of any Service are the property of their respective owners. You agree that you will not use any images generated by the Company for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any content, reports or images generated by the Company for or in connection with any other service or device. You shall not modify, merge, decompile, disassemble, translate, decode, circumvent, or reverse engineer any portion of the content, reports, or images generated by the Company.
9. NO WARRANTY. YOU AGREE NOT TO RELY ON THE SITE, THE COMPANY, OR THE SERVICES, ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THE SERVICES OR THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION WITH THE SERVICES SHALL BE A REFUND OF ANY FEES PAID TO THE COMPANY.
10. LIMITATION OF LIABILITY. Company is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Agreement or the Services, including, but not limited to: your use of or your inability to use the Site, the Services, or any related services of our Affiliates; delays or disruptions in the Site or Site Services; viruses or other malicious software obtained by accessing, or linking to, the Site, Services, or Affiliate provided services; glitches, bugs, errors, or inaccuracies of any kind; the content, actions, or inactions of third parties; a suspension or other action taken with respect to your booking; and any damages as a result of your reliance on the quality, accuracy, or reliability of any content, reports, images, or any Service.
ADDITIONALLY, IN NO EVENT WILL COMPANY, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, PRODUCTION, PROFIT, LOSS RECOVER, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF COMPANY, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED ANY FEES RETAINED BY COMPANY WITH RESPECT TO THE SERVICE. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You, on behalf of yourself, your heirs and representatives, hereby release Company, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the Services, whether it be at law or in equity that exist as of the time you enter into this agreement.
You ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING ANY RIGHT YOU OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE COMPANY OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR CONTRACTORS.
11. INDEMNIFICATION. You will indemnify, defend, and hold harmless Company, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Services by you including any payment obligations or default incurred through use of the Services; (b) any User Content developed, provided, or otherwise related to your use of the Services; (c) any misrepresentation or fraud; (d) failure to comply with the Agreement by you or your agents; (e) failure to comply with applicable law by you or your agents; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) defamation, libel, violation of privacy rights, or infringement of any rights or allegations thereof to the extent caused by you or your agents. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against the Company or a third party related to this Agreement.
12. TERM AND TERMINATION. This Agreement will remain in full force and effect until the expiration of the Service, or as otherwise provided in this Agreement. The Company reserves the right to terminate your use of the Services at any time without prior notice. Upon termination, the Company shall have no obligation to maintain or forward any content on your account. In addition, the Company pay require additional evidence of your compliance with the terms of this Agreement if you are alleged to have submitted information or content in violation of this Agreement.
13. ASSIGNMENT; SEVERABILITY. You may not assign or transfer any of your rights or obligations under this Agreement. The Company may assign its rights and obligations under this Agreement at any time, without notice, including but not limited to in a sale of the Site or Services. If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
14. GOVERNING LAW; VENUE. The parties agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Larimer County, Colorado and pursuant to Colorado law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Larimer County, Colorado. YOU UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
15. ENTIRE AGREEMENT. This Agreement, and all of its incorporated agreements as referenced above, constitute the entire agreement between the parties with respect to the use of the Site and the Services. You acknowledge and agree that this Agreement remains effective in addition to any other terms of use agreement you agree to with any other third party.
16. NO WAIVER; RESERVATION OF RIGHTS. No term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. All rights not expressly granted herein are reserved to the Company.