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RITUALITY, INC. D/B/A ROSECOLE.COMTHE SHAMANIC ACADEMY
1. The ProgramWe have designed THE SHAMANIC ACADEMY (“Program”) to teach you to elevate yourself so that you can become an agent of transformation and bring well-being and purpose to the world. This is a year-long training program, with the option to renew for additional one-year terms (subject to our approval and your payment of a re-enrollment fee). Any materials that we provide to you in connection with your participation in the Program may be referred to herein as the “Program Materials”
Your enrollment in the Program includes access to the following Shamanic Academy deliverables for an initial term of one year:
2. Your Participation
Acceptance into the ProgramYour acceptance into the Program is subject to our sole and absolute discretion. Prior to acceptance into the Program, you must participate in a “Shamanic Activation Interview” session with our team.
Our Right to TerminateWe are committed to providing all participants with a positive experience. Thus, Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
Your Credentials in Health and WellnessYou hereby acknowledge and agree that:
3. Content Policy
4. Privacy and ConfidentialityWe respect your privacy and must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
You, hereby irrevocably and perpetually grant to Company, their subsidiaries, affiliates, successors and assigns:
I understand Company is relying on this authorization and that my authorization is irrevocable and may not be withdrawn. I waive any right to inspect any materials of any time prior to release, use or publication, and, on behalf of my heirs, executors and assigns, I waive any claims that I may have against Company, its representatives, its publisher, and their licensees, successors and assigns, based upon such use, including without limitation any claims with respect to defamation, rights of privacy and publicity and copyright.
5. Membership and FeesThe full listing price for The Shamanic Academy is $18,000, but we offer a discount to students who enroll at one of our live events. You may choose to make a single one-time payment, or 12 monthly installment payments (all three options constitute an “Enrollment Fee”). You are responsible to pay the full amount of your Enrollment Fee. If you have selected the installment payment option, you are obligated to make all payments. Your Enrollment Fee will be processed once you have been accepted into the Program. We accept payment by credit card over the phone, via payment processing links which we may provide to you, or via wire transfer. Late payments will accrue a 1% per month late fee.
Travel, food and accommodations are not included in your Enrollment Fee. You are personally responsible for all costs and fees associated with travel to and from our events, as well as food and accommodations. Subject to availability and our sole and absolute discretion, we may offer food and accommodations for attendees of our in-person intensives for an additional fee.
All sales and payments for The Shamanic Academy are non-refundable.
6. Limitation of LiabilityUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE, INCLUDING OUR PROGRAM MATERIALS, MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
Under no circumstances, including, but not limited to, negligence, shall Company, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or the inability to use, the Site or Program Materials, including messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by Company In any way, even if Company is advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to me. In such states, Company’s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
The Program, Program Materials and Site are continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is” basis. Company does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the Program. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.
The Program, Program Materials and Site exist for educational purposes only, and the materials and information contained therein are for general informational purposes only. With regard to financial content contained therein: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Program, Program Materials or Site is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice.
The information contained in the Program, Program Materials and Site is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the in the Program, Program Materials or Site cannot be guaranteed.
The education and information presented by the Program, Program Materials and Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information may therefore use this content as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own legal, accounting or other advisors.
Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or Site. You will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Any and all claims or representations, as to income earnings on the Program, Program Materials or Site, are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your work ethic, or your business skills or practices. Therefore, Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Program, Program Materials or Site; you must accept the risk of not doing as well.
The Program, Program Materials and Site provide health, wellness, fitness and nutritional information and are designed for educational purposes only. Nothing stated in the Program or in the Program Materials or Site are intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of this Agreement, the practice of medicine and counseling care includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice. You should not rely on any of the health, wellness, fitness and nutritional information we provide as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read in the Program Materials or on the Site. The use of any information provided in the Program Materials or on the Site is solely at your own risk.
7. License Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for a one-year period. Thereafter, your right to continue to use the Program Materials is subject to your renewing your enrollment in The Shamanic Academy for an additional one-year term, and paying the applicable re-enrollment fee.
You agree to:(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Materials and Company. (b) not to attack the title of Company in and to the Program Materials nor attack the validity of the license granted hereunder;(c) not harm, misuse or bring into disrepute the Program Materials and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;(d) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program and Program Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Materials.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Rose Cole, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Materials, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
Company shall have the right to approve all uses of the Program Materials or derivative uses thereof.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Materials (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
8. Dispute ResolutionAll disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Vista, California, to be resolved in accordance with the laws of the state of California.You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
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