Way of Devotion Membership - Terms & Conditions

Effective Date: January 1, 2024

Sites Covered: https://wayofdevotion.com, https://wayofdevotion.mykajabi.com

THE AGREEMENT: The use of this website and services on this website provided by Way of Devotion, LLC (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

This Membership Agreement, hereinafter referred to as "Agreement," is made between the membership organizer ("Organizer"), specifically as follows:

Way of Devotion, a limited liability company, organized under the laws of the state of Florida, having its principal place of business at the following address:

9200 NW 39th Ave, Ste 130-78
Gainesville, FL 32606

Website Address: https://wayofdevotion.com or https://wayofdevotion.mykajabi.com (the “Site” or "Website")

Email: info@wayofdevotion.com (the "Business Email")

and you, as a participant (hereinafter referred to as "you" or "Participant") in the membership ("Membership"), defined further below.

Your participation in the Membership is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking "Purchase," "Confirm," "Attend," or undertaking any other affirmative action manifesting your intent to participate in the Membership, including providing the Organizer with credit card or billing information to be charged for your participation, you acknowledge and agree that you are entering into a legally binding agreement with the Organizer.

YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE MANIFESTING YOUR ASSENT, ESPECIALLY SINCE THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT MANIFEST YOUR ASSENT TO PARTICIPATE IN THE MEMBERSHIP.

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  • Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Way of Devotion, LLC, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

  • You, the User, the Client, the Participant: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client or Participant.

  • Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

4) LICENSE TO USE WEBSITE

The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

5) MEMBERSHIP PROGRAM:

Organizer agrees to provide, organize, and maintain the following membership:

Love Deeper Way of Devotion Membership

Description of Membership:

Membership includes: 

  • 2x monthly calls - each class is approximately 90 minutes long.

  • Access to class recordings which will be available within 72 hours after the live experience

  • A community group for sharing and staying connected in between classes

  • A digital library of guided practices

  • Monthly practice suggestions and guidance from Nina

Access URL For Membership: You will receive the access link via email upon registration.

Fees:

Early Bird Annual Subscription (Available Jan 18-25, 2024): $1164 USD ("Total Fees")

Regular Annual Subscription (Available Jan 25-31, 2024): $1584 USD ("Total Fees")

6 Month Subscription (Available July 25-July 31st, 2024): $582 USD (“Total Fees”)

Regular Monthly Subscription (Available 3 days per month starting Feb 2024): $144 USD (“Monthly”)

Any additional applicable details for the Membership will be made available to you prior to purchase or confirmation. Such details will be provided by Organizer. Any such page, text, or email including any additional details for the Membership is hereby incorporated by reference and shall be considered part and parcel of this Agreement.

6) CONFIRMATION:

In order to secure your spot in the Membership, the following steps must be taken:

Participants will complete the entirety of the Membership purchase on the Website, as listed above.

At the conclusion of these steps, you will receive a confirmation email which will outline the details of your completed registration. If you do not receive a confirmation email within one (1) day of completing your registration, please contact Organizer.

Organizer may request the provision of additional information, such as identification and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Membership.

7) MEMBERSHIP TERMS:

The Membership and any of its accompanying materials may not be shared with any party. If we suspect that the Membership or Membership materials are being shared and/or that you have shared your log-in information or private class recording links with any party, we reserve the right to immediately terminate your access to the Membership, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Membership. You hereby acknowledge and agree:

  • 1. You are solely and exclusively responsible for the choices that you make with regard to this Membership, the materials contained within it, or any significant changes to your business or life;

  • 2. You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;

  • 3. We are not liable for any result or non-result or any consequences which may come about due to your participation in the Membership;

  • 4. This Membership does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.

8) PAYMENT:

At the time of initial registration into the Membership, you must pay the Total Fees as outlined in Article 5.

Monthly payment is available and subject to change. 

  • Monthly Subscription: $144 USD monthly 

  • 6 Month Subscription (Available July 25-July 31st, 2024): $582 USD (“Total Fees”)

  • Early Bird Annual Subscription (available for a limited time): $1164 USD ("Total Fees")

  • Regular Annual Subscription (available for a limited time): $1584 USD ("Total Fees")

Annual and monthly subscription fees are available and subject to change. 

If the Total Fees are not received by Organizer your spot may be canceled without prior notice. Organizer reserves the right to suspend or terminate Participant’s access to the Program due to nonpayment, including all Program materials and access to private groups.

9) CANCELATION AND REFUNDS:

Organizer may cancel the Membership for any reason, unrelated to an individual Participant, in the Organizer's sole and exclusive discretion. If Organizer cancels for any commercial reason, all Participants are entitled to receive back any and all monies paid to the Organizer on a pro-rata basis. Organizer shall not be responsible for any fees paid by Participant to any third parties.

Participant may cancel their monthly subscription at any time through their profile settings within the Kajabi dashboard. Their membership will be available until the end of the current billing cycle after which participant will lose all access to Community and Product Library of recordings. 

There are no refunds offered for either annual, 6 month, or monthly subscriptions.

Please note that the cancellation and refund policy outlined above applies to the Membership program and may not be applicable to other programs or services on this website.

10) REGISTRATION TO USE WEBSITE:

Participants may be asked to register to use Organizer's Website. Participants will choose a unique identifier and password. Participant is responsible for ensuring the continued accuracy, security, and confidentiality of this information. Participant may also be asked to provide billing information, which will be subject to the same requirements of accuracy, security, and confidentiality. Providing false or inaccurate information, or using the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

11) RELEASE OF LIABILITY:

Participant hereby releases Organizer, as well as any of Organizer's affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Participant's dispute with any other Participant.

12) INTELLECTUAL PROPERTY

You agree that the Website and all Products, Services, Online Courses, Programs, and Educational Materials provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

13) MEDIA RELEASE:

The Membership will be recorded via audio and video by Nina Lombardo and Way of Devotion, LLC.

Participant agrees to be filmed and/or photographed, and thereby consents to their image being used by Nina Lombardo and Way of Devotion, LLC. Participant understands that they may be subject to photographs, video, sound recordings, or other media captures of their face, name, or likeness. In consideration of their participation in theMembership, the Participant hereby irrevocably and voluntarily consents to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitization, and/or release of the Released Media, as defined below, for any legal reasons or purposes, including but not limited to social media, commercial products, education materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.  

The Released Media will include but is not limited to: all photographs, videos, sound recordings, and all other media currently known or hereinafter developed, captured of Participant or Participant likeness during the Membership. 

Participant hereby releases Nina Lombardo, Way of Devotion, LLC, and any other person associated with the aforementioned persons and entities from any and all claims and demands arising out of connection with any use of the Released Media, including without limitation, claims for privacy violations, right of publicity claims, defamation, and/or any other intellectual property rights. Participant claims no ownership of the Released Media and foregos any opportunity, whether past or present, to copyright or trademark the Released Media.

14) LICENSE

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on this Site. All intellectual property rights are reserved. You may access this Site for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from the Site

  • Sell, rent or sub-license material from the Site

  • Reproduce, duplicate or copy material from the Site

  • Redistribute content from the Site

This Agreement shall begin on the date hereof.

15) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services:

  • To harass, abuse, or threaten others or otherwise violate any person's legal rights;

  • To violate any intellectual property rights of the Company or any third party;

  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  • To perpetrate any fraud;

  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

  • To publish or distribute any obscene or defamatory material;

  • To publish or distribute any material that incites violence, hate, or discrimination towards any group;

  • To unlawfully gather information about others.

16) PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

  • Information We May Collect or Receive: Depending on how You use Our Website or Services, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

  • How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.

  • How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.

17) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products or services on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

18) PROFESSIONAL ADVICE DISCLAIMER

We offer lifestyle, health, and wellness advice, products, and services. No one has made any promises or warranties as to the results or benefits you will receive or as to any specific results you will realize from your use of any of the products or services offered through this Site. Our products and services do not claim to be therapy or psychological counseling and are not a substitute for the treatments or services ordinarily provided by health care professionals for physiological or psychological complaints. If you desire therapy or psychological counseling, you will seek these services from a licensed provider. The products and services offered through this Site are for personal education and benefit only.

19) SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

20) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

21) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

22) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

23) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

24) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

25) HYPERLINKING & FRAMES

You may create a hyperlink to our Site so long as: (a) it is not in any way deceptive; (b) it does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) it fits within the context of the linking party's site.

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Without prior approval and written permission, you may not create frames around our Site that alter in any way the visual presentation or appearance of our Site.

26) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  • To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

  • You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

  • In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

27) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

28) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

29) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

30) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

31) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

32) GENERAL PROVISIONS:

  • LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

  • JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Alachua County, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

  • ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Alachua County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

  • ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

  • SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

  • NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

  • HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

  • NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

  • FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

  • ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: support@wayofdevotion.com.