TERMS AND CONDITIONS OF PURCHASE
You are purchasing access for The Self-Care Wheel Academy™ (referred to below as the “The Self-Care Wheel Academy™ Product,” the “The Self-Care Wheel Academy™ Program,” “The Self-Care Wheel Academy™” or the “Program”) from Olga Phoenix International (the “Company,” “we,” or “us”). You must be at least 13 years of age or older to purchase access to The Self-Care Wheel Academy™ Product. Children under the age of majority should review this Agreement with their parent or legal guardian.
The Self-Care Wheel Academy™ Product includes recorded course access, course content and materials, and other information and materials furnished by the Company (collectively, “Content”) and access to a The Self-Care Wheel Academy™ Membership Portal for members of the Program (the “Site”).
By purchasing access to The Self-Care Wheel Academy™ Product, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) which govern your use of the The Self-Care Wheel Academy™ Product and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.
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.
Payment Policy
You are responsible to pay for The Self-Care Wheel Academy™ Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you select the payment plan, your card will be charged the first payment when you register and subsequent payments will automatically be charged on the same day of the month for 5 consecutive months. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to additional Modules and Bonuses and your access to the Site and all Content will be revoked immediately after your payment declines.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, The Self-Care Wheel Academy™ is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer.
The Refund Policy outlined below also applies to payment plans and you will be responsible for all payments in the payment plan.
Refund Policy
Our commitment is to change people’s lives. We offer a 7-day “no questions asked” money-back guarantee which gives you a chance to test out the program before you make a final commitment. During this time, you will have access to Module One of the Program. If you don’t feel totally confident and motivated by the program discoveries, incredible chance to finally create a powerful, personalized, and sustainable self-care practice and a thriving life you love for you, your team, and clients, as well as the unprecedented opportunity to gain access to our proprietary intellectual property and copyrights, simply reach out at support@olgaphoenix.com, and we’ll refund your investment immediately.
Please do not enroll in The Self-Care Wheel Academy™ if you just want to “check it out.” We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. The Self-Care Wheel Academy™ is for serious students only.
Access
Upon completing your pay-in-full purchase and/or completing your payment plan, you will have “Three Year Access” to the core Modules content and to all Bonuses.
Intellectual Property
You agree that The Self-Care Wheel Academy™ Product contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. You will not use The Self-Care Wheel Academy™ Product or the Content available in the Product and Bonuses in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company.
All copyrights, trademarks, and other intellectual property rights in and to The Self-Care Wheel Academy™ Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company, which reserve all of their respective rights in law and equity.
THE USE OF THE COMPANY’S The Self-Care Wheel Academy™ PRODUCT, EXCEPT AS ATHOURIZED BY THE COMPANY, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the The Self-Care Wheel Academy™ Product are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
Privacy and Confidentiality
The Self-Care Wheel Academy™ Product is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the The Self-Care Wheel Academy™ Product.
We respect your privacy and must insist that you respect the privacy of other people who participate in the Program (“The Self-Care Wheel Academy™ Participants” or “Program Participants”).
By purchasing access to the Program, you agree:
While you are free to discuss your personal results from the Program, you must keep the experience and statements, oral or written, of all other Program Participants in the strictest of confidence.
Third-Party Materials and Websites
The Company may provide links to third-party materials and websites as a convenience to you and other The Self-Care Wheel Academy™ Participants. Any third-party materials or websites are not part of the The Self-Care Wheel Academy™ Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. 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 the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company 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 the Company will not be liable for your improper use of third-party materials and websites.
Disclaimer
THE SELF-CARE WHEEL ACADEMY™ PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS AND 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 PROGRAM.
When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to improve your life. However, the Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future results.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SELF-CARE WHEEL ACADEMY™ PRODUCT IS AT YOUR SOLE RISK. By purchasing access to The Self-Care Wheel Academy™ 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, and current life 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, 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.
Additional Terms and Conditions
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes between you and the Company, shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSORS 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 SELF-CARE WHEEL ACADEMY™ PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SELF-CARE WHEEL ACADEMY™ PRODUCT AND REQUEST A REFUND AS SET FORTH ABOVE. 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.
AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF The Self-Care Wheel Academy™ PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Self-Care Wheel Academy™, or Olga Phoenix, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, 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 Self-Care Wheel Academy™ Product is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in The Self-Care Wheel Academy™ Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The Self-Care Wheel Academy™ Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The Self-Care Wheel Academy™ 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 email or postal mail. If you have any questions, please contact our legal department directly at legal@olgaphoenix.com.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, 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 Self-Care Wheel Academy™ Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (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 the United States county where you reside. If you live outside the United States, the arbitration shall be in Florida State. 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. As set forth in Section 10 below, nothing in this Agreement will prevent the Company 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) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company 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 Florida for purposes of any such action by the Company.
11) 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.
12) 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.
13) 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.
As with any personal growth program your results with The Self-Care Wheel Academy™ may vary from the consumer testimonials. Your results will be based on variables such as your level of effort, personal qualities, knowledge, skills, and a host of other factors. Since these factors differ for each individual, we cannot guarantee your success or results, nor are we responsible for your success or failure. The Self-Care Wheel Academy™ is not a “magic bullet.” It takes effort and dedication. We provide you with a great toolbox to achieve your desired results.
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