Terms and Conditions
The following terms and conditions of use (the “Terms and Conditions”) govern your use of the website www.consciousrecoverysolutions.com, which shall include, without limitation, the home page, splash page, and all other pages under the same domain name, and all content thereon (the “Site”) as provided by Conscious Recovery Solutions LLC (“Company” or “we”). We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. BY USING THIS SITE, YOU (“CLIENT”) ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Conscious Recovery Solutions TM SERVICES (“SERVICES”). TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES.
1. Services. Company shall use reasonable efforts to provide Client with professional management consultation services in conjunction with your physician, chiropractor or other practitioner (“Practitioner”), as appropriate in Company’s sole discretion, in connection with the Conscious Recovery Solutions Program (“Program”).
2. No Medical or Other Advice. Company and its affiliates, agents, representatives, employees, clients, Practitioners and independent contractors offer educational services. By signing this Agreement, Client acknowledges and agrees that Services provided under this Agreement do not constitute psychological counseling, financial advice, medical advice, dietary or nutritional advice, legal advice or business advice. Client understands that the Company and its agents are not acting in the capacity of a doctor, nutritionist, psychologist or other licensed or registered professional. Company and its agents do not treat any medical conditions or guarantee any results with regard to its Services or Program.
3. No Warranties. The content included within Company’s Services and Program are provided “as is,” without any warranties of any kind. Company, along with its subsidiaries, affiliates, officers, employees, representatives, Practitioners and independent contractors, do not make any guarantees or warranties as to the accuracy or completeness of or results to be obtained from using any of its products or services. Company and its respective subsidiaries, affiliates, officers, employees, representatives, Practitioners and independent contractors hereby disclaim any and all warranties, express or implied, including warranties or merchantability or fitness for a particular purpose or use. Company, along with its respective subsidiaries, affiliates, officers, employees, representatives, and independent contractors, shall not be liable to Client or anyone else for any inaccuracy, delay, interruption of service, error or omission, regardless of cause, or for any damages resulting therefrom.
4. Limitations of Liability. Under no circumstances will Company, its respective subsidiaries, affiliates, officers, directors, employees, agents, members, representatives, Practitioners or independent contractors be liable for any direct, indirect, special, pDayive, incidental or consequential damages, including, but not limited to, lost time, lost money, lost profits, or goodwill, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of our products or services. In the event that liability is nevertheless imposed on Company, their respective subsidiaries, affiliates, officers, employees, representatives, Practitioners or independent contractors, such parties’ cumulative liability for damages under any legal theory shall not exceed the total amount of fees Client paid for the particular product or service.
5. Term and Termination. This Agreement shall commence as of the Effective Date and shall continue unless and until terminated by either Party as further set forth herein. Either Party may terminate this Agreement, without cause, upon thirty (30) days written notice to the other Party. Either Party may terminate this Agreement in the event that the other party commits a breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of such breach.
6. Effect of Termination. Upon termination of the Agreement, (a) all rights granted by Company to Client under this Agreement, including all rights to Services and Materials, and receipt and use of the same, shall immediately terminate; (b) all money owed by Client to Company and/or Practitioner shall be immediately due and payable; (c) Client shall cease using all Services, Materials and Confidential Information and shall immediately return and deliver to Company all Materials, Confidential Information, and all other items which are the property of Company, in any and all forms and mediums; and (d) the Parties shall have all other rights and remedies permitted by this Agreement, law and equity, including, but not limited to, damages, injunctions and restraining orders. Terms and conditions of this Agreement relating to confidentiality and indemnification shall survive any termination of this Agreement.
7. Trade Secrets and Use of Proprietary Material.
7.1 Work Product. Client acknowledges and agrees that Company is the sole and exclusive owner of all rights, title and interest in all documents, designs, data, audio/video reproductions, programs, manuals, course content and techniques created and/or used by any Party in connection with the Program (collectively, “Work Product”). Client hereby assigns to Company all rights, title and interest in and to all Work Product. Client agrees to execute such further assignments and other written instruments as may be reasonably required to perfect Company’s ownership interest in all Work Product. Such Work Product is protected by the copyright, trademark and patent laws of the Dayed States and the Uniform Trade Secrets Act as enacted by the Commonwealth of Pennsylvania. Any distribution of Work Product by Client, without the written consent of Company, is strictly prohibited and subject to immediate civil/criminal prosecution. Client understands and agrees that participation in the Program does not grant any authority to Client i) to use Company’s name or its logos, ii) to use Company’s material in seminars or any public or commercial capacity, or iii) to in any way represent Company or Dr. Daniel Pompa and Warren Phillips without Company’s prior written consent.
7.2 Confidentiality. In connection with Client’s performance hereunder, Client may be allowed access to certain confidential or otherwise proprietary information (“Confidential Information”). Client agrees that Client will use reasonable efforts to maintain the secrecy of any Confidential Information disclosed to Client. Client agrees that Client will not use any Confidential Information for any purpose other than the performance of Services hereunder. Upon request, Client shall return to Company any materials containing any Confidential Information. For purposes of this Agreement, the term “Confidential Information” shall mean proprietary or confidential information of Company, including, but not limited to, the following: trade secrets; confidential or secret designs; Web site technologies; processes; goals; manuals; financial and marketing information; pricing data; sales data; and privileged and confidential client files. The term “Confidential Information” shall not include any information that is: (i) already known to or otherwise in the possession of Client at the time of disclosure by Company, (ii) publicly available or otherwise in the public domain, or (iii) rightfully obtained by the Client from any third party without restriction and without breach of this Agreement by the receiving party.
8. Indemnification. Client expressly, irrevocably, unconditionally, knowingly and voluntarily agrees to release, defend, indemnify, hold harmless and forever discharge Company, along with its parents, subsidiaries, affiliates, officers, directors, employ, agents, Practitioners and independent contractors, from and against any and all liability, claims, loss, damages, expenses and fees (including reasonable attorneys’ fees) arising out of Client’s actions or omissions in the performance of this Agreement, including, without limitation, Client’s activities in relation to the Program.
9. Governing Law; Jurisdiction and Venue. This Agreement, the rights and obligations of the parties under the Agreement, and all claims arising out of or in any way relating to the Agreement shall be governed by, construed, and enforced in all respects in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. The Parties hereto irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts sitting in Allegheny County, Pennsylvania, for any dispute arising out of or in any way relating to the Agreement. The Parties waive any and all objections to the choice of said jurisdiction and venue.
10. Assignment. Neither party may assign or delegate their respective rights or obligations under this Agreement without the express written consent of the other party.
11. Binding Effect. This Agreement is binding upon and inures to the benefit of the Parties hereto, and their past and present officers, directors, owners, managers, members, stockholders, partners, principals, attorneys, employers, employees, agents, successors, affiliates, parents, subsidiaries, heirs and assigns, as the case may be.
12. Non-Waiver. The Parties hereto agree that the waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or any other provision or condition of this Agreement.
13. Severability. If any provision or application of this Agreement shall be held invalid or unenforceable, the remaining provisions and applications of this Agreement shall not be affected, but rather shall remain valid and enforceable.
14. Entire Agreement. This Agreement contains the entire agreement between the Parties, and constitutes the full and complete understanding between the Parties. This Agreement supersedes any and all prior agreements, oral or written, between the Parties. All prior and contemporaneous discussions and negotiations between the Parties have been and are merged and integrated into, and are superseded by, this Agreement. This Agreement may not be waived, altered, modified, amended or otherwise changed in any manner except by a writing duly executed by the Parties.