As of July 30, 2024
Welcome to SerenityRise Collective located at https://serenityrise.ericajcole.com/ ("Website").
Use of the Website and participation in any Program listed here is subject to your acceptance of these Terms of Service ("Terms") and our Privacy Policy at https://serenityrise.ericajcole.com/
DAX Management Group, LLC, owns and operates https://serenityrise.ericajcole.com/ (the "Website") and the SerenityRise Collective programming as more fully described below and referred to throughout as the "Program". Program As used in these Terms, "we" and "us" refers to DAX Management Group, LLC, and its subsidiaries, parents, affiliates, officers, directors, licensors, vendors, website hosts, and employees as well as the Website; "you" or "yours" refers to you as a user of the Website and/or as a subscriber, attendee, member, or participant in the Program.
The Program includes ALL SerenityRise Collective Programs. We reserve the right to add and modify the program offerings at any time. Where a provision in these Terms applies only to you as a user of the Website, rather than a participant in the Program ("Participant"), we will clearly state that distinction.
We may change, modify or alter these Terms, including the Privacy Policy, found at https://ericajcole.com/serenityrise-privacy (in whole or in part), and/or any aspect of Program, at any time, without notice to you. Any changes to the Website or these Terms will be effective when they are posted. These Terms are a binding legal document between you and us so please read them carefully and check back from time to time for updates and/or changes.
NO MEDICAL ADVICE.
All content found on Website and any content and information presented in the Program (together, "Content") is for informational purposes only and is made available to you with the express understanding that we are not dispensing medical, mental health, nutritional, or other professional advice. Although Erica Cole is certified and a pending Nationally Board Certified Health & Wellness Coach (NBC-HWC), she is not credentialed to offer any medical, mental or other professional advice or counsel. Her scope of practice can be found at https://nbhwc.org/scope-of-practice/.
Content and other information we provide on the Website or during or in the Program is not intended to be used for self-diagnosis or treatment or to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice or as a substitute for professional medical advice, diagnosis or treatment. It is intended as a sharing of knowledge and information from the research and experience of our professionals. You are encouraged to seek individual medical advice. Any information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated. If you are pregnant, nursing, taking medication, or have a medical condition, consult your health care professional before participating in the Program or acting upon any information mentioned or available to you. It is solely your responsibility prior to enrolling in the Program to determine if the Program meets your needs.
As the Program does not provide medical, mental health, nutrition, or other professional advice, it may be determined during the course of your participation that you are in need of additional or different professional care. In the event your Coach makes such a determination, you will be released from participation in the Program and directed to seek other or additional care.
Interactive Platforms
We use third-party platforms on which Participants can access the Program called Mighty Networks.com and Healthie ("Platforms"). Mighty Networks' Terms of Use can be found on https://www.mightynetworks.com/terms-of-use and their privacy policy can be found on https://www.mightynetworks.com/privacy-policy. Healthies' Terms of Use can be found on https://www.gethealthie.com/terms and their privacy policy can be found on https://www.gethealthie.com/privacy . Upon enrollment in the Program, you will be able to set up an account and password that will allow you to access the Program on the Platforms. Carefully read the Platform's terms and conditions as they will pertain to your participation in some of the interactive features of the Program. Once you leave our Website, our Terms and Privacy Policy no longer apply.
Payment Processor
We use Mighty Network’s and Healtie’s partner payment processor platforms - Stripe - to process credit card payments for fees for all of our Programs. Stripe's privacy policy and Terms and Conditions are located at https://stripe.com/privacy . Please read these policies so you can understand the manner in which your personal information will be handled by them. Once you leave our Website, our Terms and Privacy Policy no longer apply. (See Third Party Providers, below).
Purchases and Refund Policy.
When you register for and purchase any of our Programs, your credit card will be charged at checkout for the applicable Program. Note that all sales are final and non-refundable. All prices displayed on the Website are quoted in U.S. Dollars. For Participants, note that failure to use or participate in the Program for which you have enrolled within the specified timeframe of that Program will not constitute a basis for refusing to pay fees. Purchase of products, not including the Program itself, will be charged to the credit card used to purchase the Program unless otherwise specified at the time of purchase. If you have questions about purchasing the Program(s) or the Terms, please contact us at inquiries@ericajcole.com.
Account Security
You are solely responsible for the maintenance and security, charges or liabilities by use of your account and password information. Please treat such information as confidential, and do not disclose it to any other person or entity. Please notify us of any unauthorized access to or use of your user name or password or any other breach of security.
You must provide us information that is correct, current and complete and any information you provide to register for the Program or otherwise, including but not limited to through the use of any interactive features of the Programs, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may disable your account or discontinue your participation in the Program if you have violated any provision of these Terms or have violated any other standard of behavior or policy.
General use of the Website will not require that you sign in, create an account and password, or submit any information to us, however, as noted above access to Program and other offerings, such as receiving newsletters, accessing certain information, participating in forums, or using or subscribing to other interactive features, may require that you set up an account and password.
If you voluntarily choose to provide your personal information to receive newsletters or other communications from us, this information is covered under our Privacy Policy. Other than personally identifiable information, any information or other submissions, transmissions and/or postings that are communicated to us through the Website will be considered non-confidential / non-proprietary and will become, to the fullest extent permitted by law, our exclusive property. You are responsible for your own communications and are responsible for any consequences resulting from these communications.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow Participants or Users to post, submit, publish, display, or transmit to other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or through your participation in the Programs, which are recorded for use in training and which are accessible to each Program participant ("Recorded Sessions").
All User Contributions must comply with the Content Standards set out in these Terms and will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, including but not limited to the Recorded Sessions.
You represent and warrant that:
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Third-Party Providers
Payment Processor, Platforms, and any other third-party provider are referred to as Third-Party Provider(s). We have no control over the contents of Third- Party Providers' websites, or any other third party- site and accept no responsibility for them or for any loss or damage that may arise from your use of them. Third-Party Providers may collect personal information such as name, address and payment method, as well as IP address and other information about your device or browser. This data may be collected at the time of any payment, or when you set up an account or a payment method and is stored on their systems, not ours. By submitting a payment, signing up for an account, or enrolling in a Program, you hereby consent to the use of your personal and non- personal information by our Third-Party Providers in accordance with their terms and conditions and privacy policies. Our policy regarding sharing information with Third-Party Providers is set forth in our Privacy Policy.
Third-Party Links
In addition to our Third-Party Providers, we may from time to time provide links to other third-party websites ("Third-Party Links") or other internet resources for information only. We do not endorse, sponsor or otherwise support such Third-Party Links, nor do we make any representations or warranties regarding their content, materials or other information you may obtain from them. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. We EXPRESSLY AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR ANY SUCH THIRD-PARTY LINKS.
If you use the Website and are not a US citizen it's up to you to understand the laws of your locale and you understand that you use the Website at your own risk, that it is your responsibility (and not ours) to make sure that your use of the Website complies with all applicable local laws. IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE US WHERE YOUR DATA WILL BE GOVERNED BY US LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
Ownership; Restrictions on Use
All Content (whether on the Website or within the Program) and all copyrights, trademarks, service marks, trade names and any and all other intellectual property rights ("IP Rights") are owned by us or our licensors and are protected by applicable US and international copyright and other intellectual property laws. You do not have, nor are entitled to claim, any rights in and to the Content, the Website, the Program or any portion thereof except as granted in these Terms. No information from the Website or the Program can be distributed or transmitted in any way without our prior written consent. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations.
Linking to or Sharing Content from our Website
Articles or other content may be only copied from the Website in full, with copyright, contact, creation and information intact, without specific permission, when used only in a not-for-profit format. If you would like to use any content from the Website you must obtain our written permission. Please contact us at inquiries@ericajcole.com. Creating or maintaining any link from another website or Third-Party Link without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable laws, rules, and regulations.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION OF THE WEBSITE) AND THE PROGRAM ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We do not make any warranties or representations about the accuracy or completeness of Content available on or through the Website or in the Program or the content of Third-Party Links or Personal Social Media and we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (or any parts thereof); (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or (v) for any loss or damage of any kind incurred as a result of the use of any content made available on or through the Website. We reserve the right, in our sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Website.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF OR YOUR PARTICIPATION IN THE PROGRAM.
Indemnification
You will indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from your use or the Website or any violation of these Terms, and your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
You will indemnify and hold us, our affiliates, subsidiaries, licensees, contractors, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) arising from your participation in and use of the Program.
Choice of Law
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE.
Injunctive Relief
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair the Program in any manner.
Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website or your participation in the Program.
Severability; Waiver
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Termination
We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms and otherwise your access to the Website or the Program for any reason. We may also, in our sole discretion and at any time, discontinue the Website or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO OR USE OF THE WEBSITE OR PARTS THEREOF. You may discontinue your access to the Website at any time.
Changes in Ownership
In the event of a merger, acquisition, or sale or all or part of us, or any of our affiliates or subsidiaries your continued use of the Website signifies your agreement to be bound by the terms of use and privacy statement of the Website's subsequent owner or operator.
Copyright © 2024 Erica Cole, CEWC, RYT - All Rights Reserved.
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