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Program Agreement – Have Your CupCAKE (and Feel Peaceful, Too)

This is an agreement between Cake is Magical Wellness (“Company”) and enrollee in the “Have Your CupCAKE (and Feel Peaceful, Too) Program (“Client”).


FORMAT

This Agreement provides access to a six-day self-paced, online program entitled “Have Your CupCAKE (and Feel Peaceful, Too)” as follows:

  1. Lifetime access to the online portal available at this link: https://barbaraspanjers.simplero.com/admin/sites/19355/courses/4299-have-your-cupcake-and-feel-peaceful-too
  2. One or more daily email prompts to Client’s email address

FEES

  1. Payment for the Program is $47.
  2. Acceptable payment methods: Credit cards.

ACCESS AND INTELLECTUAL PROPERTY

  1. Occasionally the contents of the online portal may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value.
  2. Ownership of Written Materials. As a Program participant, you will have one license to view written materials provided by Company. You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, in whole or in part, without express written consent of Company, which it may withhold for any reason, and purchase of a license (prices start at $2,500.00). Failure to abide by this policy will result in termination of access to the portal and issuance of an invoice for the license fee.
  3. If company determines in its sole discretion to remove the online portal, Company will provide thirty days’ notice to download the information contained in the Program for your personal use. Company may require your agreement to additional terms to protect its intellectual property. Nothing herein should be construed to give you ownership or license to use the Company’s intellectual property except as otherwise specified herein.
  4. Cake Is Magical Wellness protects its names! You are not receiving permission to use trade and service marks of the Company, including its name or the Program name, or any other mark owned by the Company, even if not listed here.

REFUNDS

There are no refunds.


DISPUTES

  1. This Agreement is made and shall be enforced according to the laws of the State of Nevada, without regard to its conflicts of law principles. Client agrees to submit to personal jurisdiction in the Clark County Courts, Las Vegas, Nevada, as the sole forum in the event of a dispute under this Agreement.
  2. Any claims arising from this agreement for losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs, shall be limited to the amount paid hereunder.

OTHER

  1. This Agreement is the final and complete agreement between the parties hereto, and any changes must be made in writing and signed by both parties. A waiver of one provision shall not be deemed a continuing waiver or a waiver of any other provision of this Agreement.
  2. By checking the Agreement Box on the online enrollment page for “Have Your CupCAKE (and Feel Peaceful, Too),” Client agrees to its terms and acknowledges that he or she has read and understands the Disclaimer available at http://barbaraspanjers.com/legal-notices/ and which is incorporated herein by reference.

 

 

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