Dream Awake grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.If you are using the Service on behalf of anyone else you are responsible for ensuring they comply with these Terms and will indemnify us for any breach of these Terms that they commit.
You may purchase licenses to certain Products through a one-time payment or in monthly or yearly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit, or debit card account, or other payment method you provide on a one-time, monthly or yearly basis, depending on which payment plan you elect.
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing or non-payment.
In making use of the product or services you agree that you are responsible for the full payment of product or services whether you select a one-time, monthly or yearly payment plan and will continue to pay either monthly or yearly payments for subscriptions you purchase and any and all payments will continue on the payment schedule you have agreed to pay, even if you do not commence or use the product or services or do not attend the classes or events associated with the product or services.
If you are not satisfied with a Product that you purchased, you are eligible for a full refund, at Dream Awake sole discretion, for the amounts paid for that Product, provided that you: email us at email@example.com, no later than fifteen (15) days following the date of purchase, requesting a refund, and stating a reason for your request. Notwithstanding the foregoing, certain Product purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent we so provide on the applicable Site(s). If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund.
4. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in any manner whatsoever.
5. YOUR CONDUCT
You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(vii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(viii) reproduce, modify, display, distribute, sell, resell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
6. PROPRIETARY RIGHTS
As between you and us, we own the Services, including the Products, and any and all videos, graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of DREAM AWAKE, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Dream Awake retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
7. REPRESENTATIONS AND WARRANTIES
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
You agree to indemnify, defend and hold harmless Dream Awake and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Dream Awake reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
9. DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL DREAM AWAKE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, ONE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY Dream Awake OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
(f) ALTHOUGH DREAM AWAKE MAY PROVIDE INFORMATION ABOUT VARIOUS COACHES ON THE SERVICE, DREAM AWAKE DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH COACHES. TO THE FULLEST EXTENT PERMITTED BY LAW, DREAM AWAKE DISCLAIMS ANY LIABILITY ARISING OUT OF INCORRECT INFORMATION PROVIDED TO YOU AND ANY ACTS OF THE COACH.
YOU AGREE TO WAIVE ALL CLAIMS AGAINST US TO THE FULLEST EXTENT ALLOWABLE BY LAW.
10. LAW; JURISDICTION
These Terms shall be governed by the laws of the United States of America and the State of California without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF CALIFORNIA.
We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to firstname.lastname@example.org or in writing to Dream Awake, 1126 Indiana Ave, Venice, CA, 90291
-- Your address, telephone number, and email address;
-- A description of the copyrighted work that you claim has been infringed;
-- A description of where the alleged infringing material is located;
-- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
-- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
-- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
No joint venture, partnership, employment or agency relationship exists between you and Dream Awake as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Dream Awake with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Dream Awake may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Dream Awake shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to ONE. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with DREAM AWAKE. Notices to us shall be sent by email to Support@jenniferpartridge.com or in writing to DREAM AWAKE. P.O. Box 382 Ojai, CA 93024.
16. Medical Advice
NOTHING MADE AVAILABLE THROUGH SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE "CONTENT") IS PROVIDED FOR ANY REASON OTHER THAN INFORMATIONAL PURPOSES ONLY; NO PROFESSIONAL MEDICAL ADVICE OR CONSULTATION IS GIVEN.
Part of the Service includes providing Dream Awake Tapping Experts ("Coaches) and consumers like you a platform whereby the consumer can book sessions with a Coach (“Tapping Session”). Any person registers with a Dream Awake website will be referred to herein as a "Dream Awake Member". Dream Awake Member includes anyone that accesses and/or uses the Service to book a Tapping Session on his or her own behalf, or on behalf of any third party,
In order to become a Dream Awake Member, you must accurately complete the registration process.
As a condition of being permitted to book Tapping Sessions with Coaches through the Service, Dream Awake Members agree with the following terms for all appointments booked on the Service. The following terms also apply if you book a Tapping Sessions with Coaches through the Service without first completing the registration process in such a case you are also considered a Dream Awake Member.
The fees listed on the Service are the standard fees for the listed service, which Dream Awake may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Coach may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "Fee."
17.2. No Liability.
To the fullest extent permitted by law, Dream Awake will not have any liability whatsoever for any of the services provided by Coaches. Coaches bear sole liability for all of the services provided, including those services that are booked through the Service.
Dream Awake Members agree that once a Dream Awake Member has made an appointment with a Coach through the Service, all subsequent appointments with the Coach will be made through the Dream Awake Service, for as long as the Coach is an active participant with Dream Awake.
17.4. Responsibility for Payment.
You agree to pay to Dream Awake all fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided.
If you cancel before your scheduled Tapping Session, then Dream Awake may charge you the full fee or a cancellation fee, at Dream Awakes option.
17.6. Dispute Resolution.
All disputes between you and a Coach are between you and the Coach directly; Dream Awake may mediate but has no responsibility for resolving the dispute. All sales booked through the Service are final and Dream Awake provides no refunds.