Terms and Conditions

Membership Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Ink Slinger, Inc.(“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Program, “Reel Weight Loss” as well as other products and coaching sessions (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

If you have chosen to join the LIVE ACTION MEETINGS Program("Live Action )instead of the REEL WEIGHT LOSS Program, As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

If you have chosen to join the continuation of either the LIVE ACTION MEETINGS Program("Live Action ) or the REEL WEIGHT LOSS Program, As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. The terms of the continuation of LIVE ACTION MEETINGS or REEL WEIGHT LOSS past the first 12 months do not provide for any refunds for any reason and there is no 7 day guarantee.

Any other products or services are bound by the terms provided on the checkout page in regards to payments and refunds.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice, medical advice. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

Self-help information is useful, but it is not a substitute for professional advice. You should always seek the advice of your physician or mental health professional before taking any action in response to any information on the Sites. Any action on your part in response to the information provided in the Program is at your own risk. You should consult your own physician or care provider concerning the information on the Sites.

No Professional Advice

The Program does not engage in the rendering of [medical or other professional] services. You acknowledge that you will make your own decisions before acting on any information gained from this Program. It is further understood that before you utilize any techniques suggested by The Program, you should consult licensed professionals as applicable.

IF YOU ARE IN NEED OF HELP, OR ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR CONTACT A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. If you believe you have any other physical or mental health problem, or if you have any questions regarding your physical or mental health or a medical condition, you should promptly consult your physician or mental health professional or other healthcare provider.

Fees

In consideration of your access to the Program, you agree to pay fees and /or payment terms presented on your checkout page. As a condition of purchasing, you are required to check an acknowledgement of pricing and terms on the checkout page.

Payment Plan Authorization

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Cancellation Policy

Each offering has it's ow terms e.g. single payment, monthly, annual, session, etc. The terms on the checkout page of each individual product clearly outline such payment terms. For the REEL Weight Loss Program, the Program is offered on an ongoing basis with an initial minimum 1 year subscription followed by an ongoing month to month subscription. You may cancel your initial annual subscription within 7 days of purchase ONLY by emailing [email protected].

Your subscription shall continue until the end of the existing first year subscription period and shall continue on a month to month basis until terminated by emailing [email protected] upon 30 days notice. You shall not be charged after a cancellation for any additional months. Any cancellation a minimum 30 days post cancellation. There are no partial month refunds or redemptions.

No Refunds

Following the 7 day refund period for first time purchasers, All SALES ARE FINAL and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Following the first year subscription, all cancellations begin following the last payment. There are no partial month refunds.

You acknowledge that no one has represented to you that refunds are available after 7 days. Even if you cannot participate for any reason, you are responsible for full payment of this Agreement through the end of the Term. Ink Slinger, Inc. considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds following 7 days policy were included. If you initiate a chargeback, Ink Slinger, Inc. may issue an additional $250 fee to you.

Payment Options

Any payment options providing multiple payments in lieu of single payment option is not cancellable prior to settlement of all agreed upon payments. By accepting a multiple payment option you agree to making all payments.

The Program

As part of the REEL Weight Loss Program, the Company shall provide the following to Client:

Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area as long as you are a member.

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Group Calls/Sessions – As a member of the Program, you will have access to meeting calls. From time to time, an individual call may be canceled based upon the availability of the instructors. The Company shall provide you with details about how to participate in these call sessions.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

Additional Products and Services not included in the Program – From time to time, the Company may offer additional products and services to individuals who sign up for the Program. If you choose to purchase the additional products or services, you understand the same Terms and Conditions apply.

If you have chosen to enroll the LIVE ACTION Program, your program shall consist of group video meetings specific to the live Action Meeting Program, the first week of the REEL WEIGHT LOSS course and access to a member area with available replays of the Live Action group meetings and a membership calendar.

Additional Products and Services not included in the LIVE ACTION MEETINGS Program – From time to time, the Company may offer additional products and services to individuals who sign up for the Program. Some products and services may be offered as free bonuses. For products and services available for purchase, if you choose to purchase the additional products or services, you understand the same Terms and Conditions apply.

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

By joining the membership, you gain knowledge to who the members are. You acknowledge that the members names are proprietary clients of Ink Slinger Inc. and you have no right to solicit, or contact for any commercial reasons. In addition, you do not have the right sell, give, gift members names, email, phone number or address to.

Unauthorized Use

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any materials found in the Program or Content other than that expressly authorized in this in these TOM or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages in the amount of Five hundred and fifty thousand dollars ($550,000.00) in the event of your Unauthorized Use, in addition to all legal, monetary and equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge, which is intended to reasonably compensate the Company for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOM would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

All information provided through the Program, whether presented in a course, worksheet, virtual group, or video or audio call, comment, blog or other medium, is for informational purposes only and designed for your general education when using the Program. It is not, nor is it intended to be, professional medical, mental health or advice, or a substitute for the same. Engagement with the materials in the Program does not create a coach-client relationship. You should always seek the advice of your physician, mental health provider or other qualified health provider with any questions you may have regarding a medical or mental health condition. You should never disregard professional medical or mental health advice, or delay seeking it, because of something you or any other user has read, viewed, heard in the Program.

Self-help information is useful, but it is not a substitute for professional advice. You should always seek the advice of your physician or mental health professional before taking any action in response to any information in the Program. Any action on your part in response to the information provided in the Program is at your own risk. You should consult your own physician or care provider concerning the information in the Program.

Results Not Guaranteed. You are receiving a space in the program, support and guidance, but not guaranteed results from participating in the program.

LIMITATION OF LIABILITY

In no event shall Ink Slinger, its contributors, authors or advisors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use Ink Slinger’s Program, its content, or the use of any product, information, idea, service or instruction contained in the information provided in the Program, whether based on warranty, contract, tort or any other legal theory, and whether or not Ink Slinger its contributors, authors, advisors, members and affiliate organizations are advised of the possibility of such damages.

Materials Provided By You During The Program

The Company does not claim ownership of the information or materials you may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of you participating in any sessions as part of the Program – in the Program and other marketing or advertising material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

To be clear, The Company has the full unhindered right to use of video and audio from your participation in group or 1:1 calls both virtual and audio in marketing, promotion, advertising or any other way it deems. This includes transcribing for quotes. No written, verbal or other method of authorization from you is required.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company 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 in the Program 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. The Company 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.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Nassau County, New York. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. 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.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.

Membership Terms & Conditions

Membership Terms & Conditions

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