Terms and Conditions
TERMS AND CONDITIONS OF SALE
BY PAYING FOR A PROGRAM, COURSE, OR SERVICE EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS BELOW:
You (the “Client”) irrevocably agree to enter into this Agreement with Cindy Flegel BSc, CHNC and Eat Stretch Play (the “Company” or “we/us”), then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this service, course, or program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The “Client” understands that he/she is 100% responsible for his/her own progress and results. The Client understands that he/she is the one element over which the Company has no control and therefore, the Client understands that results are not guaranteed. The Client commits to full participation in the Program and understands that nothing is guaranteed in business, and that the Company will do her best work possible, but at the end of the day, it’s up to the Client to do the work. The Client acknowledges that individual results may vary based on personal efforts as well as other external factors. Cindy Flegel does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the services of Cindy Flegel or Eat Stretch Play.
We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and must insist that you respect the same rights of fellow Program participants and of the Company.
You agree not to infringe the Company’s copyright, patent, trademark, trade secret or other intellectual property rights. By paying for the program, you further agree that all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
You authorize the company to charge your credit card or debit card (through PayPal or Stripe).
You are responsible for full payment of fees for the entire Program, regardless of whether you complete the Program, are able to complete the program, regardless of circumstance.
All sales are final, and refunds will only be given in exceptional circumstances. Refund will only be considered when the Client requests it in writing with an explanation of why a refund is being requested.
USE OF THE SITE AND PROGRAMS
To access or use www.eatstretchplay.com or any other online resources (the “Site”) related to the Programs, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Individuals under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Programs are subject to change. Cindy Flegel and Eat Stretch Play make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Cindy Flegel and Eat Stretch Play disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to participate in the Program, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Cindy Flegel and Eat Stretch Play will always be accurate, correct, and up to date. You must not impersonate someone else or provide an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.
You may use the Site and Program for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
The Program is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavour to describe and display the Program as accurately as possible. While we try to be as clear as possible in explaining the Program, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
The Site and Program contain intellectual property owned by Cindy Flegel and Eat Stretch Play including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us emailing the new Terms and Conditions. Any use of the Site or Program by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Program, including these Terms and Conditions, at any time.
LIMITATION OF LIABILITY
The Client understands and acknowledges that Eat Stretch Play and Cindy Flegel, BSc, CHNC is dedicated to protecting and advancing the general well-being of clients in a natural way and is not operating as a centre for the treatment of disease or illness. The services provided by Eat Stretch Play and Cindy Flegel, BSc, CHNC are at all times restricted to consultation on the subject of health matters intended for general well-being and do not involve the diagnosing, prognosticating, treatment or prescribing of medicine for any disease, or any licensed or controlled act which may constitute the practice of medicine in this province. You, the Client, shall be aware that all activities, programs and services offered are either educational, recreational or self-directed in nature. You assume full responsibility during and after participation, for your choices to use or apply, at your own risk, any portion of the information or instruction you receive. You understand that part of the risk involved in undertaking any activity or program is relative to your own state of fitness or health (physical, mental or emotional) and the awareness, care and skill with which you conduct yourself in that activity or program. You acknowledge that your choice to participate in any activity, program or service of Eat Stretch Play and Cindy Flegel, BSc, CHNC brings with it the assumption by you of those risks or results stemming from these choices and the fitness, health, awareness, care and skill that you possess and use. You understand that you are free to withdraw from, reduce or modify your involvement in any program/activity and realize that you should do so upon recognition of any signs of transient light-headedness, fainting, chest discomfort, cramps, nausea, allergic reaction etc. You also acknowledge that you have inquired about the nature of any activity, program or service that you are not completely familiar with and have been informed of any inherent risks
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Cindy Flegel and Eat Stretch Play. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Cindy Flegel and Eat Stretch Play pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Cindy Flegel and Eat Stretch Play shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Cindy Flegel and Eat Stretch Play.
All notices, requests, demands, and other communications under this Agreement shall be in writing.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the province of Alberta as applied to contracts that are executed and performed entirely in Alberta. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Alberta, Canada. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
BY PAYING FOR THE PROGRAM EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS ABOVE.