Fulfilment Policy, Terms and Conditions for Sade Curry Coaching and Waters Consulting, LLC.

Contract Duration and Terms:

  • Our services are provided under a 6-month contract.

  • The initial 7 days of the contract serve as a mutual evaluation period. During this time, either party may terminate the agreement without any penalties.

Payment Terms:

  • Invoices are issued on a monthly basis and are payable in advance.

  • We accept payments exclusively via direct debit, credit card or ACH.

Refund and Cancellation Policy:

  • Due to the nature of our services and the upfront investment in resources for each client, we do not offer refunds once a payment has been processed.

  • Cancellations can be made within the first 7 days of the contract without any penalty. After this period, clients are committed to the full term of the 6-month contract.

Service Delivery:

  • Our services commence immediately upon the signing of the contract and the successful processing of the initial payment.

  • Clients will receive regular updates and reports as per the agreed terms in the contract.

Changes to Contract Terms:

  • Any changes to the terms of the contract must be agreed upon in writing by both parties.

Contact Information:

  • For any inquiries or concerns regarding our fulfilment policy, please contact us at team@sadecurry.com

Please note that this policy is subject to change at the discretion of Sade Curry Coaching and Waters Consulting LLC. Changes will be communicated to existing clients in a timely manner.

Terms and Conditions:

WATERS CONSULTING, LLC. TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully. You must

agree to these TOU before you are permitted to use any Waters Consulting,

LLC digital or downloadable resources, membership, online course,

one-on-one or group coaching, class, program, workshop, or training, or enter

any online private forums such as Facebook groups operated by Waters

Consulting, LLC (for any purpose), whether on a website hosted by Waters

Consulting, LLC or a third-party website such as an online course platform or

facebook.com (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term “Releasees” is defined to include the

following: (i) Waters Consulting, LLC, its subsidiaries, affiliated companies,

owners, members, managers, directors, officers, past and present employees,

agents, coaches, representatives, successors and assigns (collectively “the

Company”); (ii) any Company volunteers; and (iii) Sade Curry.

1. THE PROGRAM

As part of the Program, you will receive the services outlined on the web page

or email where you register.

If you wish to participate in another session of the Program in the future or

purchase any other products, programs or services from the Company, all

terms of these TOU will continue to apply unless superseded by another

agreement in writing.

This Program is intended and only suitable for individuals aged eighteen (18)

and above. Some of the content in this Program may not be appropriate for

children. Company hereby disclaims all liability for use by individuals under

the age of eighteen (18).

2. PAYMENT

You agree to the Program fees and payment schedule selected at checkout.

In order to enroll in the Healing & Dating After Divorce Academy Program, you

must complete an application and submit a three thousand dollar ($3,000.00)

fee. You agree that any registration information will be accurate, correct and

up to date. Applications will be evaluated by the Company, and the Company

reserves the right to deny entrance into the Program to any applicant that is

deemed unqualified for any reason, at the Company’s sole and absolute

discretion.

If paying by debit card or credit card, you give us permission to automatically

charge your credit or debit card for all fees and charges due and payable to

the Company, without any additional authorization, for which you will receive

an electronic receipt. You also agree that the Company is authorized to share

any payment information and instructions required to complete the payment

transactions with its third-party payment service providers (e.g., credit card

transaction processing, merchant settlement, and related services).

If payment is not received when due, the Company reserves the right to

terminate your access to the Program and all Content, as defined below in

Paragraph 5, immediately and permanently.

If you fail to make any payment in a timely manner or voluntarily withdraw

from the Program at any time or for any reason, you will remain fully

responsible for the full cost of the Program.

You agree to reimburse the Company for all collection and/or legal fees and

expenses necessitated by lateness or default in payment.

3. REFUNDS

Because of the extensive time, effort, preparation and care that goes into

creating and providing the Program, we have a no refund policy. Unless

otherwise provided by law, you acknowledge that we will not offer refunds for

any portion of your Program payment and no refunds will be provided to you

at any time. However, if you are not accepted into the Healing & Dating After

Divorce Academy Program, the Company will refund the three thousand dollar

($3,000.00) fee. By using and/or purchasing our Program, you understand

and agree that all sales are final, and no refunds will be provided.

All licenses regarding the Content (defined below) provided under these TOU

will immediately terminate upon the Company’s granting of a refund if required

by law. You shall immediately cease using the Content and shall destroy all

copies of the information provided to you, including without limitation: video

recordings, audio recordings, forms, template documents, worksheets, slide

shows, membership areas, social media groups limited to Program

participants and other resources.

Company reserves the right, in its sole discretion, to determine how to

address a participant who violates these TOU. Therefore, if a participant

disagrees with how the Company addresses another participant and requests

a refund, the Company will deny such request.

Furthermore, if a participant violates these TOU, the Company reserves the

right, in its sole discretion, to offer the participant another opportunity to abide

by these TOU. If a participant disagrees with the Company offering another

participant a second opportunity to follow these TOU, no grounds for a

participant to receive a refund would be created, and any request for a refund

on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or

actions that violate these TOU, the Company may terminate your access and

participation in the Program without notice and without refund.

The Company may offer additional Program elements for a subgroup of

participants, as further discussed in Paragraph 7 of this TOU. The Company

reserves the right, in its sole discretion, to offer participation in these

additional Program elements to specific participants. If a participant is denied

participation in these additional Program elements, no grounds for a

participant to receive a refund would be created and any request for a refund

on this basis will be denied.

Since we have a clear and explicit Refund Policy in these TOU that you have

agreed to prior to completing the purchase of the Program, we do not tolerate

or accept any type of chargeback threat or actual chargeback from your credit

card company or payment processor. If a chargeback is placed on a purchase

or we receive a chargeback threat during or after your purchase, we reserve

the right to report the incident to all three credit reporting agencies or to any

other entity for inclusion in any chargeback database or for listing as a

delinquent account, which could have a negative impact on your credit report

score. The information reported will include your name, email address, order

date, order amount, and billing address. Chargeback abusers wishing to be

removed from the database shall make the payment for the amount of the

chargeback.

4. INTELLECTUAL PROPERTY RIGHTS

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design,

layout, graphics, photos, images, information, materials, documents, data,

databases and all other information and intellectual property accessible on or

through the Company website, any third-party website the

Company may use to distribute or host the Program, and contained in e-mails

sent to you by the Company, as well as the look and feel of all of the foregoing

(“the Content”) is property of the Company and/or our affiliates or licensors,

unless otherwise noted, and it is protected by copyright, trademark, and other

intellectual property laws.

b. The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will

be considered our Licensee. For the avoidance of doubt, you are granted a

revocable, non-exclusive, non-transferable license for personal,

non-commercial use only, limited to you only This means you may view,

download, print, email and use one copy of individual pages of the Program

and Content for your own personal purposes or your own business only.

You are granted access to the Program for the life of that Program only. This

means you will have access to the Program and Content, provided your

account is in good standing, for as long as the Company continues to host

and provide access to the Program and Content you have purchased.

You may not republish, reproduce, duplicate, copy, sell, display, disclose,

distribute to friends, family, or any other third party, or otherwise use any

material from the Program or Content for commercial purposes or in any way

that earns you or any third-party money (other than by applying them

generally in your own business). By downloading, printing, or otherwise using

the Program or Content for personal use you in no way assume any

ownership rights of the Content – it is still Company property. Any

unauthorized use of any materials found in the Program or Content shall

constitute infringement.

You must receive our written permission before using any of the Program or

Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are

trademarks belonging to the Company, unless otherwise indicated. Any use

including framing, metatags or other text utilizing these trademarks, or other

trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license,

are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Program or Content other than that

expressly authorized in these TOU or by a separate written assignment, is not

permitted (“Unauthorized Use”). You agree to pay liquidated damages of five

(5) times the total fees paid for the Program in the event of your Unauthorized

Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater,

in addition to any legal or equitable remedies the Company may be entitled to

pursue. This is not a penalty but an agreed liquidated damage charge for the

Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property

Rights terms in these TOU would cause irreparable injury to the Company that

may not be adequately compensated by damages, entitling the Company to

obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments,

posts, photos, designs, graphics, images or videos or other contributions, you

are representing to us that you are the owner of all such materials, and you

are at least eighteen (18) years old. You are also granting us, and anyone

authorized by us, an unlimited, royalty-free, perpetual, irrevocable, nonexclusive,

unrestricted, worldwide license to use, copy, modify, transmit, sell,

exploit, create derivative works from, distribute, and/or publicly perform or

display your contributions, in whole or in part, in any manner or medium, now

known or developed in the future, for any purpose, and granting us the right to

make it part of the Company’s current or future Program and Content. This

right includes granting us proprietary rights or intellectual property rights under

any relevant jurisdiction without any further permission from you or

compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including

teleconference calls, webinars, or other communications, that may be made

by the Company during the Program that may contain you, your voice and/or

your likeness. In the Company’s sole discretion, we reserve the right to use

these photographs, videos, and or/audio recordings and/or any other

materials submitted by you to the Company or created by the Company in

connection with your participation in any Program, without compensation to

you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness

and identify you as the author and individual depicted in any comments, posts,

photos, images, videos or other contributions created by you or the Company,

or by name, email address, or screen name, for any purposes, including

commercial purposes and advertising. You acknowledge that we have the

right but not the obligation to use any contributions from you and that we may

elect to cease the use of any such contributions in the Program or in our

Content at any time for any reason.

This means you give the Company permission to use anything you submit or

post in the Program or any third-party forum or website operated by the

Company, or anything captured by the Company during your participation in

the Program, including images in which your face is visible and recognizable.

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or

property belonging to the Company, you should request permission in writing

BEFORE you use the Content by sending an email to sade@sadecurry.com

If you are granted permission by the Company, you agree to use the specific

Content that the Company allows and only in the ways for which the Company

has given you its written permission. If you choose to use the Content in ways

that the Company does not specifically give you written permission, you agree

now that you will be treated as if you had copied, duplicated and/or stolen

such Content from us, and you consent to immediately stop using such

Content and to take whatever actions as we may request and by the methods

and in the time frame that we prescribe to protect our intellectual property and

ownership rights in the Program and Content.

5. COACH-CLIENT RELATIONSHIP

The coaching relationship is co-creative, meaning that the coaches and you

are equal partners in the coaching session.

a. Your Coaches’ Responsibilities

• Your coaches are trained to use communication skills and coaching tools to

support you as an equal partner throughout the coaching process.

• Your coaches will provide guidance to group participants based on

information provided to the coaches.

• Your coaches may answer questions through whatever forum your Program

provides, such as via the Company’s website, a social media forum, live

event, private message or live group coaching call.

b. Your Responsibilities

• You agree to complete all tasks assigned during the Program, including but

not limited to watching or listening to videos, completing worksheets and

assignments, and attending coaching sessions.

• You agree that your relationship with the Company is that of a coach-client

relationship and that no other professional relationship has been established.

• You agree that the coaching is not to be used as a substitute for professional

advice of any kind, including medical, mental or other qualified professional

help and you agree to seek professional guidance for such matters, should

they arise, independent of the coaching relationship.

6. YOUR CONDUCT

The Program is a “pitch free zone.” You agree you will not pitch, promote,

market, or sell any other products, groups, programs, or events to Program

participants on any Company website or third-party forums operated by the

Company, whether or not officially sanctioned, owned, or operated by the

Company. This means you agree not to form, or ask Program participants to

join, “shadow” groups on social media or any other platform, or in-person

meetups, based on interests or locality. You agree you will not invite Program

participants to participate in events, such as a meetup or seminar, without first

receiving approval from the Company. You agree not to market promote, or

sell products or services such as essential oils, exercise DVDs, nutritional

supplements, coaching services, or other products or services to Program

participants, unless you are authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed

on any website operated by the Company and any third-party forums operated

by the Company. Any material you post on the Company’s website or in any

third-party forums operated by the Company may become public.

You are responsible for your material and for any liability that may result from

the material you post. You participate, comment, and post material at your

own risk. Any communication by you on the Company’s website and any

third-party forums operated by the Company, whether by leaving a comment,

participating in a chat, public or private forum, or other interactive service,

must be respectful. You may not communicate or submit any content or

material that is abusive, vulgar, threatening, harassing, knowingly false,

defamatory or obscene, pornographic, sexually explicit or violent, or otherwise

in violation of any law or the rights of others. You agree to post comments or

other material only one time.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants

• Causing damage to any Company website or third-party forums operated by

the Company

• Using any Company website or third-party forums operated by the Company

for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company

to copy, store, host, transmit, send, use, publish or distribute any spyware,

virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company

to transmit, send or deliver unsolicited communications or for other marketing

or advertising purposes

• Systematically or automatically collecting data from any Company website or

third- party forums operated by the Company

• Using any Company website or private membership forum or third-party

forums operated by Company, to take pictures and/or screenshots of

comments, posts, pictures, materials or any other content posted and/or

shared by Company and/ or participants without receiving their advance

permission Sharing any private and proprietary information, screen shots,

comments, posts, pictures, materials or any other content posted and/or

shared from other participants, with the public or with anyone who is not a

participant on or in any Company website, private membership or third-party

forums operated by Company.

If, in the Company’s sole discretion, your conduct violates these TOU in any

way, you agree that the Company may immediately and permanently

terminate your participation in the Program and your access to the Content

without refund.

The Company, in its discretion, may delete or modify, in whole or part, any

post, comment or submission to the Company’s and any third-party forums

operated by the Company. The Company does not, however, have any

obligation to monitor posts, comments, or material submitted by third parties.

The Company neither endorses nor makes any representations as to the

truthfulness or validity of any third-party posts, comments, or material on the

Company website or any third-party forums operated by the Company. The

Company shall not be responsible or liable for any loss or damage caused by

third-party posts, comments, or materials on the Company website and any

third-party forums operated by the Company.

7. COMMUNITY GUIDELINES

The Company has created a community that is a safe and judgment-free

space for connection, conversation, learning, and growth. Within Company’s

community is the baseline expectation that all participants will treat one

another with respect while bringing encouragement and consideration to all

participants.

The Company’s community guidelines are as follows:

A. The Company’s Program promotes diversity amongst its participants.

Therefore, the Company encourages all participants to connect with one

another and to learn about one another’s background, interests, hobbies and

points of view. The Company does not tolerate nor support any participant’s

discriminatory speech, hate speech, comments, or actions against another

participant based on their sex, gender, age, ethnicity, race, socio-economic

status, disability, or other labels.

B. The Company does its best to create a safe and welcoming space for all

participants, however, Company cannot guarantee that all participants will

follow these guidelines. Company, in its sole discretion, may remove any

participant’s comments, posts, content or materials, however, Company does

not have a duty to review all comments, posts, content and material shared

within the Program. Therefore, Company shall not be held liable for any

participant’s comments, actions, posts, content or materials that result in

another participant’s trauma or discomfort.

C. The Company has created a safe space for all participants to feel seen,

respected and heard. Company encourages participants to engage in

respectful dialogue with one another. The Company does not support nor

tolerate any disrespectful actions or comments, which include, but are not

limited to hate speech, discriminatory comments, physical, or mental or

emotional abuse. Therefore, each participant must demonstrate respect

towards one another.

D. Participants must support each other with words of encouragement,

resources or suggestions, while respecting each participant’s boundaries.

E. The Company reserves the right to offer additional Program elements from

time to time, for any subgroup of participants. These additional Program

elements, if offered, are a bonus, not a part of the services included in the

base membership of the Program. The selection of the participants who may

participate in any additional Program elements is at the sole discretion of the

Company.

We may also post separate rules regarding your behavior in any online

community or forum, whether hosted on the Company’s website or a

third-party website, which may be updated from time to time. You agree that

you are bound by those rules and they are expressly incorporated into these

TOU.

8. CONFIDENTIALITY

Company is not legally bound to keep your information confidential.

Confidential information does not include information that:

(a) was in the Company’s possession prior to your participation in the

Program;

(b) is generally known to the public or in your circle of friends and family and

co-workers; or

(c) the Company may be required by law to disclose. You may use a screen

name or pseudonym instead of your actual name for your participation in

group coaching sessions and public posts on the Company website and in

third-party forums operated by the Company.

You agree that the Company shall not be liable for the disclosure of any of

your information by another Program participant. You agree to keep all

information you learn about other Program participants, their businesses

(including their intellectual property), or clients (as applicable), strictly

confidential except in very rare circumstances where disclosure is required by

law.

The Company may record coaching calls and share them in the Program, on

the Company’s website, or on third-party forums operated by the Company.

You agree you will not share any recorded coaching calls or third-party forum

postings outside the private participant areas of the Company’s website, or

any third-party forums operated by the Company. If the Company discovers

you have done so, this will be grounds for immediate termination of your

access to the Program and Content.

9. USERNAME AND PASSWORD

To access certain features of the Program, including any private membership

areas, you may need a username and password. It is your responsibility to

inform the Company before the Program start date if you do not receive an

email containing your password to access the Program. You agree to keep

your username and password confidential. During the registration process for

any service or product, you agree to provide true, accurate, current and

complete information about yourself. If the Company has reasonable grounds

to suspect that you have provided false information, shared your username

and password with anyone else, or forwarded any non-public material from

the Program to any other person, the Company has the right to suspend or

terminate your account and refuse any and all current or future use of the

Program or any Content, in whole or part, without refund. Any personally

identifiable information you provide as part of the registration process is

governed by the terms of the Company’s Privacy Policy.

10. LIVE OR IN-PERSON EVENTS

If you participate in any live or in-person event as part of the Program, you

agree to observe and obey all posted rules and warnings, to follow any

instructions or directions given by the Company through its employees,

representatives or agents, and to abide by any decision of any Company staff

or volunteers, or Company vendors or contractors, regarding your ability to

safely participate in the Program. You agree to exhibit appropriate behavior at

all times and to obey all local, state and federal civil and criminal laws while

participating in the Program. This includes, generally, respect for other people,

equipment, facilities or property. The Company may dismiss you, without

refund, if your behavior endangers the safety of or negatively affects the

Program or any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in

the event of injury to you as Company, volunteers or medical professionals

may deem appropriate. These TOU extend to any liability arising out of or in

any way connected with the medical treatment and transportation provided in

the event of an emergency and/or injury.

If you choose to consume alcoholic beverages during any part of the Program,

you must do so responsibly and only if you are over the age of twenty-one

(21). The Company is not responsible for any personal item or property that is

lost, damaged or stolen at or during the Program.

11. TERMINATION OR CANCELLATION

The Company reserves the right in its sole discretion to refuse or terminate

your access to the Program and Content, in full or in part, at any time without

notice. The Company may terminate your participation in the Program at any

time, without refund, if you breach any part of these TOU. In the event of

cancellation or termination, you are no longer authorized to access the part of

the Program or Content affected by such cancellation or termination. The

restrictions imposed on you in these TOU with respect to the Program and its

Content will still apply now and in the future, even after termination by you or

the Company.

If you would like to cancel or terminate your participation in the Program, you

must contact the Company via email at sade@sadecurry.com. You are only

entitled to a refund if required by law as laid out above. Any remaining,

default, or late payments will be due immediately. Upon cancellation or

termination your access to the Program and Content will be terminated

immediately.

12. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK,

RELEASE, DISCLAIMERS

a. You are voluntarily participating in the Program and assume all risk of injury,

illness, damage, or loss to you or your property that might result, whether

arising out of the negligence of Releasees or otherwise.

b. Your participation in the Program does not establish a business

advisor-client relationship of any kind between you, the Company, or anyone

providing membership services on behalf of the Company.

c. The Program and Content provide information and education only, and do

not provide any financial or legal services or advice. None of the Program or

Content prevents, cures or treats any mental or medical condition. The

Program and Content is not intended to be a substitute for professional advice

that can be provided by your own accountant, lawyer, financial advisor, or

medical professional. You are responsible for your own financial, legal,

physical, mental and emotional well-being, decisions, choices, actions and

results. You should consult with a professional if you have specific questions

about your own unique situation. The Company disclaims any liability for your

reliance on any opinions or advice contained in the Program.

d. You agree that you will not use coaching as a way of diagnosing or treating

mental disorders as defined by the American Psychiatric Association. If you

are in therapy or under the care of a mental health professional, you will notify

and consult with the mental health care provider regarding your decision

whether to work with a coach.

e. You acknowledge that, by engaging with the Company for the Program, you

voluntarily assume an element of inherent risk, and knowingly and freely

assume all risk and responsibility for injuries to any persons or damages to

any property, and release, covenant not to sue, and hold Releasees harmless

for any and all liability to you, your personal representatives, assigns, heirs

and next of kin, for any and all claims, causes of action, obligations, lawsuits,

charges, complaints, controversies, damages, costs or expenses of

whatsoever kind, nature, or description, whether direct or indirect, in law or in

equity, in contract or in tort, or otherwise, whether known or unknown, arising

out of or connected with your participation in the Program, whether or not

caused by the active or passive negligence of the Releasees. This release is

not intended as an attempted release of claims of gross negligence or

intentional acts by Releasees. In the event that the release and hold harmless

provision is held unenforceable for any reason, you agree to limit any

damages claimed to the total paid to the Company for the Program.

f. Earnings and Results Disclaimer: You agree that Company has not made

and does not make any representations about the earnings or results you may

receive as a result of your participation in the Program. The Company cannot

and does not guarantee that you will achieve any particular result or earnings

from your use of the Program, and you understand that results and earnings

differ for each individual.

g. Any links to third-party products, services, or sites are subject to separate

terms and conditions. The Company is not responsible for or liable for any

content on or actions taken by such third-party company or website. Although

the Company may recommend third-party sites, products or services, it is your

responsibility to fully research such third parties before entering into any

transaction or relationship with them.

h. The Company is not responsible or liable for participants of the Program

infringing on another other participant’s intellectual property, content or

materials.

i. The Company tries to ensure that the availability and delivery of the

Program and Content is uninterrupted and error-free. However, the Company

cannot guarantee that your access will not be suspended or restricted from

time to time, including to allow for repairs, maintenance or updates, although,

of course, we will try to limit the frequency and duration of suspension or

restriction.

j. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR

THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND

WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE

COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE

COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS

FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT

DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE

COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES AND ANY

PAGES HOSTING CONTENT, OR THE SERVERS THAT MAKE IT

AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS.

k. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT

RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE

PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR

THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE

THROUGH THE PROGRAM.

13. SECURITY

You acknowledge that there is an inherent risk in all forms of electronic

communication, and communications between you and the Company may be

unlawfully intercepted by third parties not under our control. The Company

does not guarantee the security of any information transmitted via the Internet,

telephone, video conference, or other electronic media. Any efforts you

undertake to communicate with Company are done at your own risk.

14. LEGAL DISPUTES

These TOU shall be governed by and construed in accordance with the laws

of the State of Delaware without giving effect to its conflict of laws principles.

The state and federal court nearest to Wilmington, Delaware shall have

exclusive jurisdiction over any case or controversy arising from or relating to

the Program or Content, including but not limited to the Company’s Privacy

Policy or these TOU. By using the Program or Content, you hereby submit to

the exclusive jurisdiction and venue of these courts and consent irrevocably to

personal jurisdiction in such courts and waive any defense of forum non

conveniens. The prevailing party in any dispute between the parties arising

out of or related to these TOU, whether resolved by negotiation, mediation, or

litigation, shall be entitled to recover its attorneys’ fees and costs from the

other party.

15. USERS OUTSIDE UNITED STATES

The Company controls and operates the Program from offices in the United

States. The Company does not represent that the Program materials are

appropriate or available for use in other locations. People who choose to

access the Program from other locations do so on their own initiative and are

responsible for compliance with local laws, if and to the extent local laws are

applicable.

16. INDEMNIFICATION

You agree to defend, indemnify, release, and hold harmless the Company and

any directors, officers, agents, contractors, partners, assigns,

successors-in-interest and its and their employees from and against any and

all claims, damages, obligations, losses, liabilities, costs, debt and expenses

(including but not limited to attorney’s fees) arising from or in connection with:

(i) your use of the Program or Content in violation of these TOU, (ii) any

breach by you of these TOU or any representation and warranty made by you

herein, (iii) any comment, post, or material you submit to the Company’s

website or any third-party forum or website operated by the Company, (iv)

your use of materials or features available on the Program or Content (except

to the extent a claim is based upon infringement of a third-party right by

materials created by the Company) or (v) a violation by you of applicable law

or any agreement or terms with a third party to which you are subject.

17. FORCE MAJEURE

The Company shall not be deemed in breach of this TOU if the Company is

unable to complete or provide all of the Program or any portion thereof by

reason of fire, earthquake, labor dispute, act of God or public enemy,

epidemic, pandemic, death, illness or incapacity of the Company or any local,

state, federal, national or international law, governmental order or regulation

or any other event beyond Company’s control (collectively, “Force Majeure

Event”). Upon occurrence of any Force Majeure Event, the Company shall

give notice to Client of its inability to perform or of delay in completing or

providing the Program and shall propose revisions to the schedule for

completion of the Program or other accommodations or may terminate this

TOU.

18. GENERAL PROVISIONS

If any provision of this TOU is held invalid or unenforceable, the remainder of

this TOU will remain in full force and the invalid or unenforceable provision will

be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete

understanding of the parties with respect to the subject matter. This TOU

supersedes all prior written and oral representations.

The Company may change, modify or update these TOU at any time. Any

access or use of the Program or Content by you after the Company publicly

posts or distributes such changes shall constitute consent of such

modifications. If you have any questions or concerns about these TOU,

contact team@sadecurry.com.

Updated on 2/22/2024