IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING OR USING LAUREN FAY COACHING’S PROPRIETARY MATERIALS, WHICH INCLUDES ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH LAUREN FAY COACHING. BY ACCESSING OR USING THE PROGRAM, YOU ACKNOWLEDGE THAT:
A. YOU HAVE READ THIS AGREEMENT,
B. YOU UNDERSTAND IT, AND
C. YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF LAUREN FAY COACHING’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH LAUREN FAY COACHING, AND CONTACT US IMMEDIATELY at firstname.lastname@example.org
This Agreement (the “Agreement”) is entered into by and between Naraya, LLC dba “Lauren Fay Coaching”, located at 14304 92nd Ave NW, #190, Wauna, WA 98395 USA (“Naraya, LLC”), and individuals that have paid AND received access (“Authorized Users”) to its products and/or services (“YOU” or “YOUR”) (collectively the “Parties” and individually “Party”).
WHEREAS, Naraya, LLC dba “Lauren Fay Coaching” is engaged in the business of teaching techniques intended to help individuals understand their relationship with alcohol through its products and services conceived under its LIBERATED Mastermind, Break Free, Stay Free, and Be Free Programs (collectively the “Program”).
WHEREAS, YOU desire to engage Lauren Fay Coaching (sometimes “Coach”) to provide coaching services to YOU in the form of webinars, audio and/or visual presentations, and/or periodic personal coaching and evaluation.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Program is not intended to be a substitute for medical or psychological treatment or evaluation. It is strongly recommended that you seek professional advice regarding your health before attempting to incorporate any advice from this program into your life, especially if you have reached a point of physical dependence. Program is not intended for individuals with a physical dependence on alcohol. By participating in this program you agree to the full terms and conditions.
The information contained in this program should not be used to diagnose or treat any medical illness, metabolic disorder or disease. Always consult your physician or medical health care provider before dealing with any alcohol addiction or over-drinking problems. Use of the programs, advice, and information contained in this platform (collectively known as the “Service” or “Program”) is at the sole choice and risk of the participant.
The material in the Program is provided for educational and informational purposes only and is not intended as medical advice. The contents of this site, such as text, graphics, e-mail communication, images, videos, audios and other material contained (collectively known as the “Material”, “Materials”, or “The Materials”) are for information purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard professional advice or delay in seeking professional advice because of something you have seen, heard or watched on this site. If you think you have an emergency, call 911 immediately.
Coach cannot compel you to use its products/this program. You need to implement the products to find out for yourself the usefulness of what is taught, and we sincerely hope that you do. For all these reasons, your purchase and use of this information, products and services should be based upon your own due diligence and judgment on how best to use the products. Program reflects Lauren Fay’s experiences, knowledge, and expertise; and the information, advice and instruction are provided for educational purposes and general reference only; and are not intended to be a substitute for medical, fitness or dietary advice or counseling. Therefore, you should consult your own physician and/or mental health professional regarding your individual physical and mental health needs before undertaking this system, or any other plan, diet, exercise, or fitness program.
Results on this plan may vary according to individual efforts and/or other factors beyond the control or expertise of the creator. Coach does not promise that the Program site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content on the site. The use of the site is solely at your own choice. The site is provided on an “as is” and “as available” basis. We want you to understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease using the site.
MEMBERSHIP AND PROGRAM FEES
Under the terms of this Agreement, Coach agrees to provide coaching services to You in the form of webinars, audio and/or visual presentations, and, if acquired, periodic personal coaching and evaluation (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined according to “Program Fee” below. Your access to the Program is conditional on Coach’s receipt of the Program Fee.
This Agreement will commence upon Your acceptance of this Agreement and payment of the Program Fee. You agree and understand that upon commencement of this Agreement, you will become enrolled in the Program.
Coach may immediately terminate this Agreement at any time in its discretion upon written notice to You, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive the termination of this Agreement.
By entering into this Agreement, You agree and understand that you are committing to pay Coach. The Program Fee is for access to the Program.
A. One (1) Payment as offered on the product purchase page
B. Two (2) Monthly Payments as offered on the product purchase page
PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, You agree to pay to the Coach the full purchase amount. Should You decide not to complete the Program for any reason, You will still be responsible for the full payment amount. No exceptions will be made in this matter and the Coach reserves the right to take legal action to collect payment.
(b) Coach does not offer refunds to ensure that clients are fully committed to the Program. Coach abides by a strict no-refund policy. By entering into this Agreement, You agree and understand that you are permanently waiving the right to seek or claim any refund of the Program Fee. You further acknowledge, represent, warrant and agree that, by entering into this Agreement, You are taking full responsibility for Your own success and therefore You will not request a refund.
(c) If You select a payment plan option, You agree to pay the Program Fee to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to You, and the payment plan selected by You. Your credit card on file will be charged each month when payment is due. It is Your responsibility to update the credit card if required.
(d) Credit Card Authorization (if applicable for payment plan). Each Party hereto
acknowledges that Coach will charge the credit card chosen by You.
(e) In the event You fail to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow Your participation until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If You have not paid within fourteen (14) days, Coach has the right to terminate agreement and pursue legal action if necessary.
COMMITMENT TO THE PROGRAM
By entering into this Agreement, You commit and agree to faithfully execute any and all of the lessons, assignments, and course work in the Program to the best of Your ability. You further agree to attend any and all scheduled Q&A and coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and that You are prepared and committed to faithfully make that effort.
You voluntarily undertake your use of all Materials contained in the Program, and you assume all risk and responsibility for any such use, including but not limited to any increase in severity of your addiction. The Materials found in the Program may not be suitable for your own personal circumstances and you may not receive any benefit from use of The Materials. Your Coach and the Program do not guarantee that you will achieve any specific result. The program is neither responsible nor liable for injury resulting from the use, misuse, and/or abuse of The Materials. You hereby release and agree to hold harmless Program, Naraya LLC, Lauren Fay Coaching, and all directors, officers, employees, agents, representatives, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from your use of The Materials.
SUCCESS NOT GUARANTEED
By entering into this Agreement, You agree and understand that Lauren Fay Coaching is only granting You access to the Program, which attempts to teach You tools and techniques intended to help You change Your relationship to alcohol. Lauren Fay Coaching guarantees no specific results. You take full responsibility for Your own success. You acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, Your own drive, dedication, and motivation. Any examples of testimonials are not meant as a promise or guarantee of Your own success, and You should not rely upon them in any manner whatsoever. You are completely and totally responsible for Your own success, and there is a risk You may lose money (i.e. Program Fee).
DISCLAIMER OF ALL WARRANTIES
NARAYA, LLC HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including email communication and downloads, You forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
The rights and obligations under this Agreement are personal to You. You may not assign or transfer any rights or obligations under this Agreement.
You agree to indemnify, defend and hold harmless Program, Naraya, LLC and Lauren Fay Coaching, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Program.
Subject to the terms and conditions herein, only You are being granted access to the Program, and during the Program you will be exposed to Naraya, LLC’s proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, You shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of Naraya LLC’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to You in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. You warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as You use to avoid unauthorized use, disclosure, or dissemination of Your own confidential information of a similar nature, but not less than reasonable care; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. Naraya, LLC (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information. 3.2 Intellectual Property. You acknowledge that any and all intellectual property, including -- but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or Program (collectively the “Intellectual Property”) -- is the sole intellectual property of Naraya, LLC. You further acknowledge and agree that, as between You and Naraya, LLC, Naraya, LLC and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant YOU any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of Naraya, LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Naraya, LLC uses in connection with services rendered by Naraya, LLC are marks owned by Naraya, LLC. This Agreement does not grant You any right, license, or interest in such marks or Intellectual Property, and You shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.
This Agreement shall all be governed and construed in accordance with the laws of the country declared in the contact information of the web owner and applicable to agreements made and to be performed in the country declared in the contact information of the web owner.
You agree that any legal action or proceeding between Program, Naraya, LLC, Lauren Fay Coaching and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the country declared in the contact information of the web owner. Any cause of action or claim You may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Program, Naraya, LLC or Lauren Fay Coaching’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Program may assign its rights and duties under this Agreement to any party at any time without notice to You.
AGREEMENT BETWEEN USER AND Naraya, LLC (inclusive of Lauren Fay Coaching, laurenfaycoaching.com, and Program)
Naraya, LLC’s Website consists of various Web pages operated by Naraya, LLC.
Naraya, LLC’s Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Naraya, LLC Website constitutes your agreement to all such terms, conditions, and notices.
You agree to be open minded to Coach’s methods and partake in services as proposed. You understand that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on Your needs.
RECORDING AND REDISTRIBUTION OF CALLS
You acknowledge that group coaching sessions and/or group calls may be recorded. You also acknowledge that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach. You agree that the Company may use any written statements, images, audio recordings or video recordings of You obtained while enrolled in the Program. This includes any content You may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Your participation in the Program.
Naraya, LLC reserves the right to change the terms, conditions, and notices under which the Naraya, LLC’s Website is offered, including but not limited to the charges associated with the use of the Naraya, LLC’s Website.
LINKS TO THIRD PARTY SITES
The Naraya, LLC’s Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Naraya, LLC and Naraya, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Naraya, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Naraya, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Naraya, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Naraya, LLC Website, You warrant to Naraya, LLC that You will not use the Naraya, LLC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Naraya, LLC Website in any manner which could damage, disable, overburden, or impair the Naraya, LLC Website or interfere with any other party’s use and enjoyment of the Naraya, LLC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Naraya, LLC Websites.
USE OF COMMUNICATION SERVICES
The Naraya, LLC Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, You agree that when using a Communication Service, you will not:
Naraya, LLC has no obligation to monitor the Communication Services. However, Naraya, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Naraya, LLC reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Naraya, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Naraya, LLC’s sole discretion.
Always use caution when giving out any personally identifying information about You, Your self or Your children in any Communication Service. Naraya, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Naraya, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service. Managers and hosts are not authorized Naraya, LLC spokespersons, and their views do not necessarily reflect those of Naraya, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You download the materials.
MATERIALS PROVIDED TO Naraya, LLC OR POSTED AT ANY Naraya, LLC Website
Naraya, LLC does not claim ownership of the materials you provide to Naraya, LLC (including feedback and suggestions) or post, upload, input or submit to any Naraya, LLC Website or its associated services (collectively “Submissions”). However, by submitting, posting or displaying Submissions on or through the site, You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Submissions in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for other users of the site to modify Your Submissions, and for Naraya, LLC to make your Submissions available to others for the publication, distribution, syndication, or broadcast of such Submissions on other media and services, subject to our terms and conditions for such Submissions use. Such additional uses by Naraya, LLC or others may be made with no compensation paid to you with respect to the Submissions that you submit, post, transmit or otherwise make available through the site.
We may modify or adapt your Submissions in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Submissions as are necessary to conform and adapt that Submission to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the site, You warrant, represent and agree that You have the right to grant Naraya, LLC the license described above. You also represent, warrant and agree that You have not and will not contribute any Submissions that (a) infringe, violate or otherwise interfere with any copyright or trademark of another party, (b) reveal any trade secret, unless the trade secret belongs to You or You have the owner’s permission to disclose it, (c) infringe any intellectual property right of another or the privacy or publicity rights of another, (d) are libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) create an impression that You know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting Your affiliation with a person or entity; (f) contain other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contain or link to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Naraya, LLC reserves the right in its discretion to remove any Submission from the Site, suspend or terminate Your account at any time, or pursue any other remedy or relief available under equity or law.
No compensation will be paid with respect to the use of your Submission, as provided herein. Naraya, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Naraya, LLC’s sole discretion.
The Coach may provide You with information relating to products that the Coach believes might benefit You, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for You. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. You acknowledge that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NARAYA, LLC Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NARAYA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NARAYA, LLC Website AT ANY TIME. ADVICE RECEIVED VIA THE NARAYA, LLC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
NARAYA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NARAYA, LLC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. NARAYA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Naraya, LLC reserves the right, in its sole discretion, to terminate Your access to the Naraya, LLC Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the U.S.A. and You hereby consent to the exclusive jurisdiction and venue of courts in the U.S.A. in all disputes arising out of or relating to the use of the Naraya, LLC Website. Use of the Naraya, LLC Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Naraya, LLC as a result of this agreement or use of the Naraya, LLC Website. Naraya, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Naraya, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Naraya, LLC Website or information provided to or gathered by Naraya, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Naraya, LLC with respect to the Naraya, LLC Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Naraya, LLC with respect to the Naraya, LLC Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Naraya, LLC Website are: Copyright 2022-2023 by Naraya, LLC, Lauren Fay Coaching and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Copyright © 2023 Lauren Fay Coaching - All Rights Reserved.