Terms & Conditions
-
Download Soul Recharge Terms & Conditions
Terms and Conditions - Client Agreement
By participating in Soul Recharge (“the Program”), purchasing the membership, or accessing the private Facebook group (“Site”) By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
Please read this Agreement carefully before accessing or using Mary Kray’s (the “Founder”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.
If you do not understand or do not accept this agreement, please do not access any of the Founder’s proprietary materials and immediately contact us at marykray.com/contact
In consideration of Client retaining Founder to perform spiritual wellness services, it is agreed as follows:
Scope of Services
(a) This program has no start and end date. It is a membership that consists of:
Monthly zoom meetings
Lifetime access to private Facebook group
Monthly Soul Care Newsletter
15% off all individual spiritual wellness sessions
Client Duties
(a) Compensation. In consideration for the Services provided by Founder to Client as set forth in Section 1 above, Client agrees to pay the current Program fee at the time of joining. The client agrees to an automatic monthly charge of $44 or an annual charge of $444. All payments are final and nonrefundable, but can be canceled at any time.
(b) Late Payment. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, Founder reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full.
(c) Payment Security and Disputes. To the extent that Client provides Founder with credit/debit card(s) information for payment on Client’s account, Founder shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
Founder shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client agrees to not dispute any charges at any time. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Founder’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
(d) Tools to be Provided by Client. Client agrees to provide all information and documentation that may be required by Founder to effectively perform said Services.
(e) Client understands that Client’s success in the Program is dependent upon Client’s level of participation in the Services. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Client’s own development on Client’s own time during the term of the Program. Client is responsible for requesting support from Founder when needed.
Term
(a) For a monthly subscription purchase, the terms of this Agreement are on a month to month basis.
(b)For an annual subscription purchase, the terms of this Agreement are on a yearly basis.
Cancellations and Refunds
(a) Client may cancel participation in the Program at any time for any reason by requesting cancellation in writing at marykray.com/contact
(b) In the event that Client engages in abusive or unprofessional behavior in the Program, towards representatives of Founder or other Program members, Founder reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place.
(c) Founder may decide to terminate the coaching relationship at any time.
(d) Client’s failure to effectively participate in the Program is not grounds for a refund.
(e) Rescheduling. Group sessions/calls will be scheduled by Founder. In the event that Client cannot attend a scheduled call, Client may inform Founder, however, the call will take place at the scheduled time. Client will receive access to a recording of the key moments of the call within 72 hours of the call taking place. Client is not entitled to a partial or full refund in the event that Client misses a live call.
In the event that Founder cannot host the scheduled call at the previously scheduled time due to illness, travel, or other unexpected circumstances, Founder will make a reasonable effort to reschedule the call for a later or earlier date and will notify Client via email.
(f) Refund Policy. Due to the nature of the services, no refunds can be provided. Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.
(g) The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Founder.
No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Founder cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Founder. Any testimonials or reviews shared by Founder are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) From time to time, and upon Client’s request, Founder and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Founder in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(c) Technical issues. In the event that the materials provided via the monthly Soul Care Newsletter are inaccessible, Founder shall have 72 hours to re-deliver access to Client.
Confidentiality
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Founder in the strictest confidence and not disclosed to third parties or used by Founder for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Founder, (b) was in Founder’s possession prior to receipt from the disclosure, (c) is received by Founder independently from a third party free to disclose such information, or (d) is independently developed by Founder without use of the Client’s Confidential Information.
(b) Participant Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Program (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Founder Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by Founder in the Program. Any Confidential Information shared by Founder, its employees or contractors is confidential, proprietary, and belongs solely and exclusively to Founder. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Site or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Founder’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Founder, or any of Founder’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Founder’s goods or services.
(e) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this paragraph 6, the Founder and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations. Any breach of this clause is grounds for immediate removal from the Program.
(f) Client Features. Notwithstanding the above section, Founder may choose to feature Client on its website, social media channels, etc. Client agrees to allow Founder to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Founder agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.
Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Founder an employee, partner, agent of, or joint venturer with the Client for any purpose. Founder is and will remain an independent contractor and service provider in its relationship to the Client. Founder is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Founder shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Founder will not be required to follow or establish a regular or daily work schedule. Founder will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement.
(b) Taxes & Benefits. Founder will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Founder’s compensation. Founder shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
IP Ownership
(a) Intellectual Property Ownership. Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Founder and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Founder retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Founder grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Founder’s Intellectual Property (including any and all content) or that in any way violates Founder’s Intellectual Property, without Founder’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Founder. Client may not use such trademarks or service marks for any purpose except with written permission by Founder.
(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Founder’s prior written consent.
(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third party that Founder has not granted access to.
(d) Recordings. Key moments of all group calls and meetings are recorded by Founder. Client may access these recordings via the Soul Care newsletter or other means provided by Founder. Client agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Founder reserves all rights in any and all recordings.
Warranties
(a) Founder’s Warranties. Founder represents, warrants, and covenants that Founder has full authority to enter into this Agreement and all of the Services, whether performed by Founder or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
(d) The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.
Limitation of Liability
(a) In no event shall Founder have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Founder’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under paragraphs 6 and 7.
(d) Client understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Founder is not a law firm. All of the information provided throughout the Program and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Founder does not and will not provide any form of diagnosis.
If a coach or individual acting on behalf of Mary Kray within the program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).
Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both parties.
13. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.
14. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to Mary Kray and can be made via marykray.com/contact.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Massachusetts as applied to contracts that are executed and performed entirely in Massachusetts. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Massachusetts. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. 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 attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
-
Download Spiritual Wellness Session Terms & Conditions
Terms and Conditions - Client Agreement
By participating in an Individual Spiritual Wellness Session (“the Session”) you are agreeing to the following terms. By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
Please read this Agreement carefully before accessing or using Mary Kray’s (the “Founder”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Session.
If you do not understand or do not accept this agreement, please do not access any of the Founder’s proprietary materials and immediately contact us at marykray.com/contact
In consideration of Client retaining Founder to perform spiritual wellness services, it is agreed as follows:
Scope of Services
(a) The Session is a single, private spiritual wellness session that includes one of the following depending on purchase:
A 90-minute Reiki healing and tarot reading experience with two spiritual mentors.
A 75-minute Reiki healing session OR
A 60-minute Tarot Reading
Client Duties
(a) Compensation. In consideration for the Services provided by Founder to Client as set forth in Section 1 above, Client agrees to pay the current Session fee at the time of joining.All payments are final and nonrefundable.
(b) Payment Security and Disputes. To the extent that Client provides Founder with credit/debit card(s) information for payment on Client’s account, Founder shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
Founder shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client agrees to not dispute any charges at any time. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Founder’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
(d) Tools to be Provided by Client. Client agrees to provide all information and documentation that may be required by Founder to effectively perform said Services.
(e) Client understands that Client’s success in the Session is dependent upon Client’s level of participation in the Services. In order to get the most out of the Session, Client must also work to implement the tools and strategies learned throughout the Session and make considerable efforts toward Client’s own development on Client’s own time during the term of the Session. Client is responsible for requesting support from Founder when needed.
Term
(a) For a single Session purchase, the terms of this Agreement are agreed upon from the date of the purchase through to the rendering of the service.
(b) All sessions must be scheduled within 8 weeks of the purchase. The session will be forfeited without refund if it is not scheduled within 8 weeks of purchase.
Cancellations and Refunds
(a) Client may cancel participation in the Session at any time for any reason by requesting cancellation in writing at marykray.com/contact
(b) In the event that Client engages in abusive or unprofessional behavior in the Session, towards representatives of Founder, Founder reserves the right to cancel Client’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place.
(c) Founder may decide to terminate the coaching relationship at any time.
(d) Client’s failure to effectively participate in the Session is not grounds for a refund.
(e) Rescheduling. Clients will schedule their session using the scheduling link that will be emailed to them within 1-3 business days after their purchase. If the Client is unable to find a suitable time, the Founder will make a reasonable effort to accommodate an alternative time. However, the Client is not entitled to a partial or full refund if they miss a scheduled session. The Client must reschedule at least 24 hours before the session. Failure to reschedule within this timeframe will result in forfeiture of the session without a refund.
In the event that Founder cannot host the scheduled call at the previously scheduled time due to illness, travel, or other unexpected circumstances, Founder will make a reasonable effort to reschedule the call for a later or earlier date and will notify Client via email.
(f) Refund Policy. Due to the nature of the services, no refunds can be provided. Client understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.
(g) The Session and Term cannot be paused or placed on hold for any reason without the written authorization of Founder.
No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Session. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Founder cannot guarantee any results of the Services/Session as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Founder. Any testimonials or reviews shared by Founder are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.
(b) From time to time, and upon Client’s request, Founder and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Founder in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(c) Technical Issue. If the session cannot take place due to a technical issue on the Founder’s end, the Founder will reschedule the session within 72 hours.
Confidentiality
(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Founder in the strictest confidence and not disclosed to third parties or used by Founder for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Founder, (b) was in Founder’s posSession prior to receipt from the disclosure, (c) is received by Founder independently from a third party free to disclose such information, or (d) is independently developed by Founder without use of the Client’s Confidential Information.
(b) Participant Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Session (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussionsor otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Session. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Founder Information. Client agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by Founder in the Session. Any Confidential Information shared by Founder, its employees or contractors is confidential, proprietary, and belongs solely and exclusively to Founder. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Site or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Session. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Founder’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement. Client shall, during and after the participation in the Session, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Founder, or any of Founder’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Founder’s goods or services.
(e) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this paragraph 6, the Founder and/or the other Session Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations. Any breach of this clause is grounds for immediate removal from the Session.
(f) Client Features. Notwithstanding the above section, Founder may choose to feature Client on its website, social media channels, etc. Client agrees to allow Founder to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Founder agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.
Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Founder an employee, partner, agent of, or joint venturer with the Client for any purpose. Founder is and will remain an independent contractor and service provider in its relationship to the Client. Founder is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Founder shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Founder will not be required to follow or establish a regular or daily work schedule. Founder will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement.
(b) Taxes & Benefits. Founder will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Founder’s compensation. Founder shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
IP Ownership
(a) Intellectual Property Ownership. Client agrees that the Session contains proprietary content (“Intellectual Property”) that is owned solely by Founder and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Founder retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Founder grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Founder’s Intellectual Property (including any and all content) or that in any way violates Founder’s Intellectual Property, without Founder’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Session is property of the Founder. Client may not use such trademarks or service marks for any purpose except with written permission by Founder.
(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Session (including course materials), use of the Session, or access to the Session. This agreement is not transferrable or assignable without the Founder’s prior written consent.
(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Session, or any other third party that Founder has not granted access to.
Warranties
(a) Founder’s Warranties. Founder represents, warrants, and covenants that Founder has full authority to enter into this Agreement and all of the Services, whether performed by Founder or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
(d) The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.
Limitation of Liability
(a) In no event shall Founder have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Founder’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under paragraphs 6 and 7.
(d) Client understands that the information presented in the Session is not legal, financial, therapeutic, mental health, or medical advice and Founder is not a law firm. All of the information provided throughout the Session and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Founder does not and will not provide any form of diagnosis.
If a coach or individual acting on behalf of Mary Kray within the Session is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).
Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both parties.
13. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.
14. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to Mary Kray and can be made via marykray.com/contact.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Massachusetts as applied to contracts that are executed and performed entirely in Massachusetts. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Massachusetts. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. 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 attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
By using our services, you acknowledge that you have read, understood, and agreed to these terms and conditions.
Contact
Fill out this form and I’ll get back to you soon!
