Online Program Agreement

Effective date: July 29, 2022

Online Program Agreement

This Online Program Agreement is entered into by and between You (“Client” or “You”) and Christine Matheson (“Matheson”, “we”, or “us”).

Program

Matheson agrees to provide you with access to the Online Course entitled, “Replenish: The Stress Recovery Roadmap”(the “Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use & Privacy Policy

Matheson’s Terms of Use and Privacy Policy are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship  - No Medical Advice

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Matheson is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional medical advice.

You understand and agree that Matheson is not providing services as a naturopathic doctor but as a facilitator or educator only. The information and content provided via the Program is for general educational and informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute therefor.  Further, you understand and acknowledge that entry into the Program does not establish a doctor-patient relationship between the you and Matheson. 

Please review the full medical disclaimer in the Terms of Use Agreement.

Fees

In consideration of your access to the Program, you agree to pay the following fees. 

FOR COURSES WITH SINGLE PAYMENT: You will have single payment of $222 with applicable tax included (due immediately) OPTION FOR A COURSE UPGRADE: An additional single payment (not included as part of the payment plan) of $150 with applicable tax included will be offered to those who select to have a one-on-one educational/information session with Christine Matheson.

All prices are in Canadian dollars.

 Refund Policy

There is no refund available for this workshop.

The Program

As part of the Program, Matheson shall provide the following to Client.

Access To Program and Replay – Matheson shall provide a Program Area that may include replay recordings of the lessons, and other relevant links or resourceful information. You shall have lifetmine access to this Program Area.

 One-On-One Calls With Facilitators – Program participants are entitled to educational/informational 1:1 calls with Matheson and/or other coaches/consultants working with Matheson. Matheson shall provide you with the ability to schedule these calls, but it is solely your responsibility to schedule the calls. If you fail to schedule one or more of your calls during the proscribed time period, you shall forfeit that call. Similarly, you may not cancel or reschedule a call unless you do so at least 24 hours in advance.

Ownership Of All Intellectual Property  

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of Matheson or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

Any business names, logos or slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Matheson or its affiliates or licensors. You must not use such marks without the prior written permission of Matheson. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and certain resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Program content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Matheson and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Matheson or our licensors except as expressly authorized herein.

You hereby agree that any infringement of Matheson’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Matheson’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality

Matheson respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect Matheson’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains Matheson’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than Matheson, it’s employees, and other Program participants.

You understand and agree that you must be in a private location for the Program sessions, away from family members and others.  You further understand and agree that taking recordings or screenshots of the Program sessions or of any Participant in the Program is not permitted.

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that Matheson has not made any guarantees about the results of taking any action, whether recommended in the Program or not. Matheson provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Matheson.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

Materials Provided By You During The Program

Matheson does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Matheson the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

Matheson makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. Matheson further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, Matheson disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve Matheson of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that Matheson shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. Matheson may make improvements and/or changes in the Program at any time.

Matheson makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Matheson hereby disclaims all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Matheson and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if Matheson had been advised of the possibility of damages. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the Province of Ontario, Canada and through final and binding arbitration before a single arbitrator, selected jointly. You understand that this agreement, and all claims related thereto,will be governed exclusively by the laws of the Province of Ontario.

Indemnification

You agree to indemnify, defend, and hold harmless Matheson, its employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Matheson reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Matheson in asserting any available defenses.

Termination And Access Restriction

Matheson reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to Matheson or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement

This Agreement, along with the Matheson’s Terms of Use and Privacy Policy, constitutes the entire agreement between You and Matheson with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Matheson with respect to the Program.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

Matheson shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Matheson including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.