Terms & conditions

The Well Membership Terms & Conditions*
The following Terms and Conditions (the “Terms”) are entered into by and between You (“Client” or “You”) and Briers to Myrtles Ministries, a California-based 501(c)(3) Non-profit (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the Online Video Library called, The Well (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by these Terms.  
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into these Terms. Except as modified by Terms, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and these Terms, then these Terms shall govern.
Nature of The Relationship
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Program, you agree to pay the following fees.
You agree to make a single payment of $98 for a 6-month subscription or $18 a month for a monthly subscription, which shall be due and payable before you will be granted access to the Program.
As a subscription service, you will be automatically billed every 6 months for a 6-month subscription or every month for a month-to-month subscription until you cancel. 
Cancellation Of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time from within their billing settings or by emailing shalom@brierstomyrtles.com
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
No Refunds 
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
The Program 
As part of the Program, the Company shall provide the following to Client.
Access to The Well Video Library (new content uploaded regularly) for the duration of the purchased subscription.
Access to The Well one-on-one Mentoring Program for an additional fee.
Ownership Of All Intellectual Property
All content included as part of the Program, including, but not limited to, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. 
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in these Terms. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. 
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants. 
Personal Responsibility
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
 At this time we regretfully cannot offer any of paid classes and programs to current or past professional athletes.

Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward. 
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
No Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, punitive, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time. 
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
As consideration for the Company further providing you with access to the Program, you hereby release, waive, acquit, and forever discharge the Company, and its members, managers, representatives, employees, and agents (collectively the "Released Parties") of and from any and all liabilities, claims, actions, causes of action, claims, demands, damages, judgments, losses, injuries, costs, fees (including reasonable attorneys’ fees,), expenses, and losses (collectively the “Claims”), whether known or unknown, pertaining to, on account of, or in any way arising out of any act and/or omission on the part of the Released Parties occurring at any time that arises out of, directly or indirectly relates to, or is in connection with these Terms or the Program.
It is understood and agreed that you waive all of your rights under Section 1542 of the Civil Code of California, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You expressly waive any and all rights which you may have under California Civil Code section 1542, or any other state or federal statute or common law principle of similar affect pertaining to these Terms or the Program.
Dispute Resolution
You irrevocably and unconditionally agree that any dispute arising under or related to these Terms shall be resolved exclusively through arbitration before ADR Services, Inc. (under their applicable ADR Rules) to be held in Orange County, CA. You irrevocably and unconditionally submit to the exclusive jurisdiction of such arbitration and agree to bring any such dispute only in such forum. A final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. These Terms shall be governed by and construed in accordance with the laws of California without effect of any conflicts of law provisions. 

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Voluntary Participation
You acknowledge and understand that your participation in the Program is entirely voluntary.   You have not relied upon any written, oral, or posted representations or warranties by Company in relation these Terms or the Program.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time for any reason, including but not limited to: if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate these Terms. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Client’s Representations
Client represents and warrants as follows: (a) Client is, and will continue to be, in compliance with any and all rules and eligibility requirements imposed by Company; (b) Client understands that Company is not in the business of providing medical or other healthcare treatment or advice and Client will be solely responsible for his or her own medical care, healthcare, and treatment; (c) Client understands that Company has no duty or responsibility, and will not be providing, any medical or other healthcare treatment or advice; (d) Client has been examined by his or her physician within the past twelve (12) months and his or her physician has determined that Client is in sufficient physical and mental health to participate in the Program being provided by Company and has been cleared by his or her physician to do such; (e) Client will continue to be seen by his or her own physician to monitor his or her own physical and mental condition before, during, and after the Program; (f) Client understands that his or her participation in the Program may involve strenuous physical, mental, and/or emotional activities (the “Activities”); (g) Client understands the inherent risks and dangers associated with the Activities and further understands that any claims related to such are being expressly released and waived by Client under these Terms; (h) Client has not relied upon any representations or warranties by Company in relation to these Terms or the Program; and (i) Client will comply with any and all instructions and guidelines provided by Company. 

Entire Agreement
These Terms, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date
These Terms shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.

I have read and agree to the terms and conditions of the Restore Membership and monthly class, as well as the website terms and conditions and privacy policy.
*If you joined before April 2023, here's a copy of the Annual Membership Terms & Conditions.

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