Terms of Use

The following Terms of Enrollment govern your participation in the Program presented by b.rituals (”Company”). Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site/Facebook Group/Zoom Calls you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

The BE PRESENT (“Program”) is delivered on-line and over the phone, and includes a 7-week video program, 40-page printable guidebook and helpful resource PDFs. You will gain access to this support via a private online community, so you can connect with other well-being enthusiasts and receive strategic, high-level guidance.

What’s Included:

Immediate access to the program portal
Access to a private community where you’ll receive support from like- minded well-being enthusiasts
Video Modules to supplement the 40-page guidebook
Access to BE PRESENT program

We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

· you become disruptive or difficult to work with;

· you fail to follow the program guidelines;

· you impair the participation of our instructors or participants in our program(s).

Content:

Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any program materials.
User names and passwords may not be shared with any third-parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

2. Privacy & Confidentiality: We respect your privacy and must insist that you respect the privacy of fellow Program participants.

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.

Company hereby reserves the unequivocal right to utilize messages, Facebook group content, direct messages (DMs), and form responses received from users as testimonials, and incorporate them into our sales materials. By engaging with our services, you expressly agree to grant the Company the necessary permissions to use such content for promotional purposes.

We acknowledge the utmost importance of your privacy, and the Company pledges to exercise prudent discretion in safeguarding your personal information. Nevertheless, you retain the right to request the removal of any content featuring your personal information from our promotional materials at any time. Should you wish to do so, kindly contact us directly, and upon receiving your request, the Company will promptly take the necessary actions to remove the relevant content.

By continuing to interact with our services, you affirm your understanding and acceptance of these terms. This agreement shall be legally binding and enforceable to the fullest extent permitted by applicable laws and regulations.

Thus, you agree:

not to infringe any Program- participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

b.rituals ("Company") hereby reserves the unequivocal right to utilize messages, Facebook group content, direct messages (DMs), and form responses received from users as testimonials, and incorporate them into our sales materials. By engaging with our services, you expressly agree to grant the Company the necessary permissions to use such content for promotional purposes.

Interactive Features:

It is a condition of your use of the Site and participation in the Program that you do not:

Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Membership and Fees:

The cost of the program is $397.00 USD

We have a “No Refund” policy. No refunds will be granted at any time, or for any reason.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

License

As the client your use of and access to the Program Materials “program” is on a licensed basis. The “company” hereby grants to you and you hereby accept the non-exclusive right, license and privilege to use. As the license is granted directly to you, there is no authorization to sublicense to any other individual and/or company. The license to the Program Material “program” is valid for a one (1) year period. As the client you will continue to have lifetime open access to the Alumni Program “client portal”. The Alumni Program includes and not limited to, program portal, Facebook groups, weekly and monthly webinars.

The Client acknowledges that coaching is not a substitute for professional mental health or medical services. The Company does not guarantee any specific outcomes and is not liable for any decisions made by the Client based on the coaching provided.

You agree to:

(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.

(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;

(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Natalie Santa Rosa, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have the right to approve all uses of the Program Material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

This agreement entitles you to install and use one copy of the Program Material. Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Program Material. For further information regarding multiple copy licensing of the Program Material, please contact: [email protected]

Without first obtaining the express written consent of Heather Henderson, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease or sublicense or otherwise transfer your rights to the Program Material.

You may not decompile “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Program Material.

You may not modify the Program Material or create any derivative work of the Program Material or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Program Material. You may not reproduce the database portion or create any tables or reports relating to the Program Material.

You may not copy any part of the Program Material except to the extent that licensed use.

Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Tiburon, CA, to be resolved in accordance with the laws of California, United States.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Payment Plan Terms

This agreement will outline the expectations from this program and what you can expect from the BE PRESENT program.

This is a 7-week course that is designed to help you learn the processes to create self-care rituals that actually work for you! You will complete the learning materials and action items in the learning portal.

Disclaimer: No Earnings Projections, Promises Or Representations

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of BE PRESENT products and/or services, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings, income or life changes (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Natalie Santa Rosa products and/or services.

(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at [nataliesantarosa.com] depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Heather Henderson’s products and/or services, and/or any monies spent setting up, operating, and/or marketing products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Heather Henderson products and/or services has been arbitrarily set by us. This price bears no relationship to objective standards.

How Does Payment Work for This Program?

Whether you opt for payment in full or pay in two installments, you are still required to pay in full regardless of whether or not you choose to finish your time with us. The total price of the program is $397 if paid up from. If you choose two pay, you will pay $198.50 the first month and then $198.50 the following month.

You recognize that you will pay the first installment upfront. The second installment will be due one month after the first installment. You also agree for the remaining installment to be automatically charged to your choice of payment.

The work that Heather Henderson does on behalf of her clients is a non-tangible piece of intellectual property. Once the work has started, we can never get back and you can never return it to us. It’s yours forever. It’s for this reason that we do not offer refunds.

By purchasing this product, you hereby ratify your understanding of all terms outlined in this agreement, that all program sales are non-refundable, and waive any rights to charge-back your purchase with your credit card processor.