Shakti Rise Healing Terms & Conditions for Purchasing
You are buying access for 1 person to access this service or product.
Terms of Purchase (referred to below as the “Product” or the “Service”
from Shakti Rise Healing:
You must be at least 18 years of age to buy access to this Product.
The Products and Services of Shakti Rise Healing include access to course content and materials, other information and materials provided by Shakti Rise Healing (collectively, the “Content”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury to yourself or others while participating in, replicating, performing, executing, practicing or otherwise implementing what is seen in the Product or Service, and as consideration for the right to participate in and access the Product or Service, I hereby, for myself, my heirs, executors, administrators,
assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my voluntary participation in the Service, and do hereby release and forever discharge Shakti Rise Healing, located at 503 Surry Road, Ellsworth, Maine 04605, their affiliates, managers, members, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns (the “Agents”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my
voluntary participation in the aforementioned Product or Service, including traveling to and from an event related to this Product.
I am voluntarily participating in the aforementioned Service and I am
participating in the Service entirely at my own risk. I am aware of the inherent risks associated with participating in this Service, which may include, but are not limited to, physical or psychological injury, pain, suffering, emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence or the negligence of Shakti Rise Healing Agents, nonetheless I assume all related risks, both known and unknown, of my participation in this Service. I agree to indemnify and hold harmless Shakti Rise Healing and its Agents against
any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone acting on my behalf, including attorney's fees and costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Shakti Rise Healing incurs any of these types of expenses, I agree to reimburse Shakti Rise Healing.
I acknowledge that Shakti Rise Healing and its Agents are not responsible for errors, omissions, acts or failures to act by any party or entity conducting a specific event or activity on behalf of Shakti Rise Healing.
I acknowledge that my voluntary participation in the Product or Service may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and other loss. In the event that I should require medical care or treatment because of my voluntary participation in the Service, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I know, understand, and appreciate the risks associated with the Product or Service and I am voluntarily participating in it. In doing so, I am assuming all the inherent risks of the Product or Service and I expressly agree to release and discharge Shakti Rise Healing and its Agents from any and all claims, lawsuits, or causes of action. I agree to voluntarily give up or
waive any right that I otherwise have to bring any legal action against Shakti Rise Healing.
This Agreement was entered into at arm's-length, without duress or coercion. Both the Participant and Shakti Rise Healing agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event any term of this Agreement is found by any court to be void or otherwise
unenforceable, the remaining terms of this Agreement will remain valid and enforceable.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Maine, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in Maine and that the State of Maine shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement.
Any lawsuits arising out of this Agreement shall be brought in Hancock County, Maine.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Maine, United States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in Maine and that the State of Maine shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Hancock County, Maine.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) SHAKTI RISE HEALING, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE SERVICE OR PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE OR PRODUCT. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, that are false or designed to disparage Shakti Rise Healing, any Shakti Rise Healing Product or Service, or Nya Riddle, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably
be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Service or Product is a non-transferable program.
5) TERMINATION. Shakti Rise Healing is committed to providing all customers with a positive experience. If you fail, or Shakti Rise Healing suspects that you have failed, to comply with any of the provisions of this Agreement, Shakti Rise Healing, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Product or Service without refund or forgiveness of monthly
payments; and/or (b) terminate this Agreement.
Your obligations to Shakti Rise Healing under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. Shakti Rise Healing reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service or Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the
Service or Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at firstname.lastname@example.org.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Shakti Rise Healing, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense
whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Service or Product.
You shall defend Shakti Rise Healing in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of Shakti Rise Healing’s owners, officers, employees, shareholders, trustees, affiliates, and successors
shall not be held personally responsible or liable for any actions or
representations of Shakti Rise Healing.
8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Product/Service (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO
HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT,
AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents,
by phone, or online. If conducted in person, the arbitration shall take place in Hancock County, Maine, United States. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Shakti Rise Healing from seeking
injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10) MEDIATION. The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the International Chamber of Commerce Mediation Rules.
11) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Shakti Rise Healing’s intellectual property rights and confidential and proprietary information by you, Shakti Rise Healing will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Shakti Rise Healing
may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Maine for purposes of any such action by Shakti Rise Healing.
12) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
13) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
14) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
The Products and Services of Shakti Rise Healing (including but not limited to: 1:1 Holistic Pregnancy Coaching, 1:1 Physiological Childbirth Coaching, 1:1 Postpartum Motherhood Coaching, Prenatal Yoga Classes, Primal Birth: Childbirth Education for the Wild Woman, Self-Discovery: The Fire-Walk to Wild Birth, Inviting Light: a Postpartum Chakra Healing Journey, In-Home Prenatal Care, and Private In-Home Yoga) cannot and DO NOT contain any medical advice. The
content of the Products and Services, such as text, graphics, images, or information obtained from agents of Shakti Rise Healing are for informational purposes only.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911
immediately. Shakti Rise Healing and the Services and Products do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Products or Services.
The Products and Services of Shakti Rise Healing DO NOT provide any legal advice. Users of the Products and Services should consult with their own lawyer for legal advice. The information contained
in the Products and Services of Shakti Rise Healing is general information and should not be construed as legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Product or Service does not create a lawyer-
client relationship between Shakti Rise Healing and anyone who has purchased a Product or Service. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of any material or information in the Product or Service is not a substitute for the advice of a lawyer.
INTELLECTUAL PROPERTY DISCLAIMER
You agree that the Products and Services of Shakti Rise Healing contain proprietary Content that is owned by Shakti Rise Healing and Nya Riddle and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws.
Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and Shakti Rise Healing will prosecute such misconduct to the fullest extent permitted by law.
Shakti Rise Healing provides you with the Product and/or Service solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use any Product or Service or the Content available in any Product or Service in a manner that constitutes an infringement of Shakti Rise Healing's rights or that has not been authorized in writing by Shakti Rise Healing. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material
from any Shakti Rise Healing Product or Service. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Shakti Rise Healing, Nya Riddle, Shakti Rise Healing Product or Service Content, or infringe on any of Shakti Rise Healing's intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Shakti Rise Healing Product and/or Service (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by Shakti Rise Healing and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF SHAKTI RISE HEALING’S PRODUCTS OR SERVICES, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND
INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF SHAKTI RISE HEALING AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Trademarks, service marks, graphics, and logos used in connection with the Shakti Rise Healing Products and Services are common law trademarks or registered trademarks of Shakti Rise Healing. You are granted no right or license with respect to any of the aforesaid
The Products and Services of Shakti Rise Healing include access for 1 person. Upon registration, you will receive one username, password, and member profile for use.
THIRD-PARTY MATERIALS AND WEBSITES
Shakti Rise Healing may provide links to third-party materials and websites. These third-party materials and websites are not part of the Product or Service and they may be either withdrawn or terminated at any time without any liability on the part of Shakti Rise Healing. You agree that you will be responsible for all payment and other obligations
associated with your use of any and all third-party materials and websites. In addition, you agree that Shakti Rise Healing is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and Shakti Rise Healing does
not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Shakti Rise Healing will not be liable for your improper use of third-party materials and
THE PRODUCT/SERVICE, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our websites, videos, newsletters, programs, services, or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and improve your life. However, Shakti Rise Healing does not
guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Service, Product, Content, or Site is a promise or guarantee to you.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE/PRODUCT IS AT YOUR SOLE RISK.
By purchasing access to the Service or Product, you accept,
agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content,
landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, Services, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
COACHING DISCLAIMER & WAIVER
All coaching services and communication, email or otherwise, delivered by Nya Riddle, (your “Coach”), of Shakti Rise Healing as
well as any material on this website shaktirisehealing.com are intended for informational purposes only.
Coaching is not medical care of any kind; coaching is not professional mental health care, does not constitute medical diagnoses, or medical advice of any kind. If you feel psychologically stressed to the point that it is interfering with your ability to function, please seek the help you need in the form of a professional counselor or medical professional. The work of coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
Similarly, if you are seeking or require medical advice, assistance or diagnostics, please seek the services of a medical doctor or another medically trained professional.
By purchasing coaching services from Shakti Rise Healing, you confirm that you have read and agree to each statement and that you wish to proceed:
• I understand that the coaching services I will be receiving from Shakti Rise Healing are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mentalhealth or medical conditions. I also understand that my Coach is not acting as a mental health counselor or a medical professional.
• I understand that coaching is, at present, an unregulated industry and that my Coach does not hold any qualifications, certifications, or licenses.
• I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
• I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or medical care, and I will not use it in place of any form of therapy or medical provider.
• I understand that all comments and ideas offered by my Coach are solely for informational purposes. I have the ability to give my informed consent. I understand and agree that I am ultimately making all of my own decisions and acknowledge and agree that my Coach will not be liable legally or otherwise, for the actions that I may or may not undertake as a result of the coaching.
• I understand that to the extent our work together involves my pregnancy, birth, and postpartum experiences, my Coach is not promising outcomes.
• I understand that my Coach will protect my confidential information.
• I understand that the use of technology is not always secure, and I accept the risks of inadvertent disclosure in the use of email, text, phone, Zoom and other technology.
• I understand that periodically my Coach may provide links to other web sites or written print material which may be of value, interest, and convenience to me. This does not constitute endorsement of material of those sites or any associated organization product of service. It is my responsibility to make my own informed decision about the accuracy of the information at those sites and use the material in accord with any privacy policies of those sites. In no event shall Shakti Rise Healing be liable for any incident or consequential damages resulting from
use of any such material.
• I hereby release, waive, acquit and forever discharge Shakti Rise Healing and my Coach (Nya Riddle), any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated
by this agreement. I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to us to accept this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
In purchasing this Product, Service, Course or other offering from Shakti Rise Healing, you hereby agree to the terms and conditions set forth
by this waiver that Shakti Rise Healing nor any of its instructors can be held liable for any decisions or outcomes you may experience.
We do not offer any refunds under any circumstances.
Shakti Rise Healing offers coupons and/or discount codes. Shakti Rise Healing will not retroactively apply these coupons or codes, nor will Shakti Rise Healing adjust the price of a product after payment has
already been made. Shakti Rise Healing has a strict no price adjustment policy.