Terms of Purchase and Service
By purchasing the course “Manifest from the Soul” you agree to all following terms of purchase and service.
This Course Agreement (hereinafter, "Agreement") is made by and between neildisy.com (hereinafter referred to as "Course Provider”) alongside any and all entities attached to the Manifest from the Soul course (including the course creator, facilitator or any associated employees) and you, further defined below, as a participant in the Course, also defined below. All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
Course provider will provide and Client will pay for access to the Manifest from the Soul self-paced online course in accordance with the terms and conditions of this Agreement.
2. AGREEMENT DATE
This Agreement is dated on this date of purchase (“Effective Date”).
3. COURSE EXPECTATIONS
- Client acknowledges that Client is solely responsible for creating and implementing his or her own decisions, choices, actions and results based on practices and lessons provided by the provided course. Client agrees that the Manifest from the Soul is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Course and course provider. Client understands the lessons, healing practices, and spiritual or meditative practice is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
- Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
- Client acknowledges that the Manifest from the Soul course and its services do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching or healing is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, Client should promptly inform the mental health care provider of the nature and extent of the service relationship agreed upon by the Client and the Coach. Client understands that adverse “healing reactions” may occur and that psychiatric or medical distress and emergencies should be addressed directly by a psychiatric or medical provider.
- Manifest from the Soul will be provided to Client, subject to the terms and conditions of this Agreement. The following services will be provided within the Course:
A. Written text lessons channeled from the Akashic Records designed for use over 6 consecutive weeks
B. Channeled videos with lessons or energetic healing at the end of each week’s lesson
C. Video lessons, as deemed needed by the Course Creator, to support specific channeled lessons
D. A energetically charged meditation track
E. Access to course support within the comment section of Manifest from the Soul, within a reasonable manner as deemed by the Course creator
2. Course provider has full discretion in provided services but shall not provide less than the above stated services.
3. Coach may, upon Client’s request and at Coach’s sole discretion, provide additional services (“Additional Services”) as deemed necessary
- Client shall pay to www.neildisy.com through the Manifest from the Soul payment form a total amount of $237 (“Contract Price”) to be paid in full upon receipt of purchase
- Course Provider acknowledges and agrees that payment, as provided in this Section, shall constitute full and final compensation for all Services and rights granted under this Agreement.
The term of this Agreement shall begin on the Effective Date.
- Client may be removed from the Course, if deemed necessary by the Course Provider.
- All payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to termination of this Agreement. Payment under this Agreement reserves Course Provider’s time and prevents someone else from benefiting from Coach’s services; as such, all funds paid shall be considered compensation for services rendered are not refundable.
- Any information that the Client shares with the Course Provider as part of this relationship is considered confidential (“Confidential Information”). Course Provider agrees not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the services, without Client’s written consent. Course Provider will not disclose Client’s name as a reference without Client’s written consent. Course Provider shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. Course Provider will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain.
- Client acknowledges that the Course-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between Course Provider and Client are not subject to the protection of any legally recognized privilege.
- Course Provider may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Coach; (ii) Client grants permission for such disclosure in writing; (iii) Coach obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Coach reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.
- In receiving services, Client will have the benefit of proprietary systems, strategies and techniques developed by Course Provider (“Course Provider's Proprietary Information”). Client acknowledges that Coach’s business relies on Coach’s ability to provide such insights to various clients. Client agrees not to disclose Coach’s Proprietary Information to any third party, directly or indirectly, during the term of this Agreement or after it ends.
Client, at Client’s expense, shall release, indemnify and hold Course Provider and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Coach in providing Coaching and/or arising out of any Work Product, unless due to negligence of the Coach.
Client agrees that Course Provider may use the Client’s name, logo, comments, and/or image (but not contact information or personal information) in Course’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Coaching. Client releases both Course and Course Provider from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Coach from the confidentiality requirements of this Agreement.
11. LIMITATION OF LIABILITY
- Except as expressly provided in this Agreement, Manifest from the Soul makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services provided and outcomes. In no event shall the Course and Course provider be liable to Client for any indirect, consequential or special damages. Course and Course Provider’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Coach under this Agreement.
- Course Provider is not responsible for any technical difficulties with hardware, software, connectivity, or other technological aspects of electronic coaching sessions, and does not guarantee that the conferencing software, or group coaching sessions will be free from technical problems, available at all times, or work as expected.
12. INTELLECTUAL PROPERTY
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
13. ACCEPTABLE USE
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
- You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights
- To violate any intellectual property rights of the Course Provider or any third party
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
- To perpetrate any fraud
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
- To publish or distribute any obscene or defamatory material
- To publish or distribute any material that incites violence, hate, or discrimination towards any group
- To unlawfully gather information about others.
14. DATA LOSS
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
15. SPAM POLICY
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails
16. MISCELLANEOUS TERMS
- Waiver. The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.
- Severability. If any provision or portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.
- Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without giving effect to its principles of conflicts of law.
- Assignment. Neither Party may assign, transfer, subcontract or delegate any right or obligation under this Agreement without the prior written consent of the other party.
- Notices. All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the introductory provision of this Agreement. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.
- Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.
- Entire Agreement. This Agreement shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein shall be binding or valid.
- Amendments. This Agreement may be modified only by a written amendment signed by authorized representatives of both Parties.
- No Insurance. As Course Provider is an Independent Contractor, Client will not be required to provide Course provider with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.
- Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.