Student Enrollment Agreement & Terms of Sale
ENTIRE AGREEMENT
These terms and conditions, together with information sent to you at registration for courses, memberships, or other products, constitute the entire agreement between you and The Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
DISCLAIMER
Ancestral Arts LLC. makes no medical claims and is not responsible for your experience with herbs or our products. The information presented on this website and our products have not been evaluated by the FDA and are in no way intended to prescribe, diagnose, treat or prevent any illness.
Ancestral Arts LLC. disclaims any liability directly or indirectly from the use of this website, the information presented, or our products.
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
INTELLECTUAL PROPERTY
You agree that the Program contains proprietary information that is owned by Ancestral Arts LLC and is protected by copyright, trademark, and other applicable intellectual property laws. You will not use the Program in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by Ancestral Arts LLC.
The use of the Company’s Program, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
The Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program for your own personal and non-commercial use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice, trademark, or author designation from any part of the Program.
COPYRIGHT
Ancestral Arts LLC owns the intellectual property rights in the website and material on the website. Unless otherwise specified, the entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Company and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Ancestral Apothecary. Copyright © 2016. All rights reserved.
LICENSE TO USE WEBSITE
Ancestral Arts LLC owns the intellectual property rights in the website and material on the website, unless otherwise specified. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Company’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Company’s express written consent.
INTENDED AGE
All information and content in the course and on our website are intended for individuals over the age of 18. By purchasing the course, you represent and warrant to us that you are over the age of 18 and can enter into these legally binding Terms and Conditions.
USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Ancestral Arts LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Ancestral Arts Apothecary LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to this website, or stored on Ancestral Arts Apothecary servers, or hosted or published upon this website.
BLOG CONTRIBUTOR CONTENT
By submitting blog Articles to the Ancestral Arts Apothecary LLC, Writers hereby assign to The Company all exclusive rights to publish the blog Articles, and all previously submitted articles of Writers, on the The Company website, unless otherwise specified in writing.
FEEDBACK
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program-related forums, group calls, or otherwise, for the purposes of marketing or promoting the Program.
ONLINE PAYMENTS
We use third party service providers to process your payments. You authorize us to charge your credit or debit card, PayPal, Stripe or bank account for the purchase of the course. If we offer a payment plan then you authorize us to charge recurring payments to you as stated on the checkout page when you purchase the course.
COURSE CANCELLATION AND MODIFICATIONS
We reserve the right to cancel or modify the course at any time without notice. We also reserve the right to cancel your order for any errors or discrepancies in our sole discretion.
NO GUARANTEE OR PROMISES
You agree that no specific results or promises are being made by the purchase of the course. We cannot guarantee the results or effectiveness of the tips, products, equipment, techniques or information shared in the course. No particular outcome, sales, savings or earnings are being promised to you either.
Through our website, course, and any other products and/or services, we aim to support and teach you sustainable studio folk, indigenous, and herbal concepts. But your success with our course, products and/or services depends completely on your own effort, work ethic, commitment and dedication. We cannot and do not guarantee or promote results of any kind and each individual’s results will vary based on their own individual performance and efforts. Any examples or results we share with you are for informational purposes only to show you what’s possible. Ultimately, you are solely responsible for your successes and failures with our course, and any other products and/or services including your application of any other information you receive from our website.
LAWFUL PURPOSES
To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you.
You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Program is subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Program.
RELATIONSHIP OF THE PARTIES
You agree that the Company is acting as an independent contractor and that no partnership or joint venture is created between us.
THIRD-PARTY RESOURCES
The Program may contain links or referrals to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links or referrals to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
You agree that under no circumstances will the company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these terms of service or the transactions it contemplates (whether for breach of contract, tort, negligence, or another form of action) and irrespective of whether the company has been advised of the possibility of such damage.
In no event will the company's liability exceed the price you actually paid to the company for the program.
Ancestral Arts LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Ancestral Arts LLC has been expressly advised of the potential loss.
DISCLAIMER
Any business tools, equipment, examples, materials, videos, graphics displayed in the course are only shown as examples of how to use them and what results might be possible now or in the future. There can be no assurances as to any particular outcome based on the use of such materials or information. This information is only shared as examples with you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same tools, information, equipment, reviews, products, services, tips and techniques offered. You are solely responsible for your results and exercising your own due diligence before relying on the information presented in the course.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Ancestral Arts Apothecary liability in respect of any:
• death or personal injury caused by AAA LLC’s negligence;
• fraud or fraudulent misrepresentation on the part of AAA LLC; or
• matter which it would be illegal or unlawful for Academy to exclude or limit, or to attempt or purport to exclude or limit, its liability.
MEDICAL DISCLAIMER
All content and information provided in or through on our website including our course, programs and any other products or services that we offer is for informational and educational purposes only, does not constitute medical, psychological or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, nutrition therapy or coaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition.
Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified health care provider immediately.
Any medical tools, equipment, examples, materials, videos, graphics displayed in the course are only shown as examples of how to use them and what results might be possible now or in the future. There can be no assurances as to any particular outcome based on the use of such materials or information. This information is only shared as examples with you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same tools, supplements, information, equipment, reviews, products, services, tips and techniques offered. You are solely responsible for your results and exercising your own due diligence before relying on the information presented in the course.
You are solely responsible for your own safety and for using the medical information, equipment or any other material or recommendations shared in the course properly. You must take adequate precautions while trying these methods and techniques on your own. It is your sole responsibility to use safety precautions while using and handling dangerous equipment and tools.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, Ancestral Arts Apothecary has an interest in limiting the personal liability of its officers, contractors, and employees. You agree that you will not bring any claim personally against AAA LLCs officers, contractors, or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protectAncestral Apothecary’s officers, employees, agents, subsidiaries, successors, assigns, and contractors, and sub-contractors as well as The Company
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
GOVERNING LAW & VENUE
The Terms of Service shall be governed by the laws of California, and any disputes arising from it must be handled exclusively in San Francisco County.
RECOVERY OF LITIGATION EXPENSES
If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Oakland, CA, USA. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GENERAL INFORMATION & UNDERSTANDINGS
The Company warrants that it has the right to provide the Program and will use all reasonable skill and care in making this program available to you and in ensuring its availability. The Company is continually seeking to improve the Program. The Company reserves the right, at its discretion, to make changes to any part of this Program provided that it does not materially reduce its content or functionality. The Company also reserves the right to take this program offline at any time.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
EFFECT OF FORMAT
The subject headings and emphases of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
SEVERABILITY
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.