You are purchasing access for one (1) person for a Product or Program from Dancing Spirit Tours, Inc. (the “Company,” “we,” or “us”). From here on, the Product you are purchasing shall be referred to as “Product”.
Please note Terms that are specific to the Product you are purchasing. Also note the section called “General Terms and Conditions of Purchase” below, which is applicable to all Products.
Terms Specific to Make Me An Instrument
You are responsible to pay for the Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you select the payment plan, your card will be charged the first payment of $84 USD when you register and 6 subsequent payments of $84 USD will be charged weekly after your first payment, totaling $499 USD. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Make Me An Instrument as it’s released until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, Make Me An Instrument is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program, and your payment plan is a convenience that we offer so that you can make the price sustainable.
REFUND POLICY FOR MAKE ME AN INSTRUMENT
This Program has the power to transform your life and change the way you see the world. That’s not an exaggeration– it’s based on what students tell us. We’re confident you’ll love it, but if you’re not satisfied with our product we’ll issue a full refund within 14 days of the start date of the Program, no questions asked. You can participate in the Program for up to the first two (2) Modules. If you participate in the coursework and you don’t get value, then email [email protected] before the deadline, we will promptly refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:
Deadline to Apply for Refund:
To be eligible for a refund, you must be a Make Me An Instrument member who purchased the Make Me An Instrument in the current calendar year and you must submit your request by 12pm (noon) Eastern US Time on day 14 of the Program. The deadline exists because if you sign up for Make Me An Instrument, we want you to participate in the program. If you don’t plan on starting right away but want to sign up this year, we’d love to have you, but make sure this is the right investment for you, as the refund does have a firm deadline.
Completed Course Work:
We’ll ask if you completed the course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve). You must email us and confirm you have completed the course work to [email protected] before the deadline.
All refunds are within the Company’s sole discretion as to whether to grant or deny the refund request. Please do not enroll in Make Me An Instrument if you just want to “check it out.” We put an extraordinary amount of time and effort into this Program, and we expect you to do the same. Make Me An Instrument Program is for serious students only.
No refunds will be offered until day 1 of the live Make Me An Instrument Program. No exceptions.
For Make Me An Instrument alumni members who purchased the Make Me An Instrument Product in any prior calendar year, the refund deadline according to your terms of purchase has passed and you are no longer eligible for a refund.
Terms Specific to Wisdom of The Mystics
Please do not initiate a cancellation or refund request or dispute claim directly with your credit card company as your first step – we are here to help. We cannot initiate a cancellation requested through Facebook or any other social media, so email us directly at [email protected]
If you decide Wisdom of The Mystics is not for you, you can cancel anytime by emailing [email protected]. To ensure a successful cancelation, you must provide the same full name and email address you enrolled with. Canceling your membership prevents your payment method from being charged in the future. The deadline for notifying us to cancel your subscription is 14 days before your renewal date. If you notify us within 14 days of your renewal date, your membership will auto-renew for that cycle, and cancel at the next cycle.
Your access to membership will be rescinded 30 days after your last payment if you are a monthly member, or one year after your last payment if you are an annual member.
REFUND POLICY FOR WISDOM OF THE MYSTICS:
Wisdom of The Mystics has the power to transform your life and change the way you see the world. That’s not an exaggeration– it’s based on what students tell us. We’re confident you’ll love it, but if you’re not satisfied with the membership we’ll issue a full refund within 7 days after your purchase, no questions asked.
You must notify us of your refund request on or before day 7 of your purchase at 12:00pm Eastern Standard Time. For example, if you purchased on Monday 1st, you must request a refund before Sunday 7th at 12:00pm ET. Beyond the 7 days risk free guarantee timeframe, refunds are not available. No exceptions.
If you selected the annual subscription, you have 30 days from purchase date to request a pro-rated refund by emailing us at [email protected]. We will deduct your first month (at the monthly rate) from your refund. Refunding your membership prevents your payment method from being charged in the future. Your access to the membership site and community group forum will be rescinded 30 days after your purchase. Refunds are not available for annual subscriptions that have been active for more than 30 days.
Membership purchases auto-renew monthly and annually, depending on how you purchased, on or close to the date of purchase.
If your payment method provided cannot be processed for any of the payments, you’ll be contacted. Your access to membership may be suspended until your payments are current.
General Terms and Conditions of Purchase
The following Terms and Conditions apply to all Products and Programs.
You agree that the Product contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any Product Content, including to any sharing or social media sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Product or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Nina Hirlaender, Product Content, or Product or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, copyrights, graphics, and logos used in connection with the Product are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Product includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the live course and in the private member section of the Site as well as the exclusive directory listing.
If you would like to take Product along with a business partner or collaborator, you will need to each purchase the course individually.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Participants” or “Program Participants”).
By purchasing access to the Program, you agree:
- not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;
- that any confidential information shared by Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
- not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Participants during training sessions;
- that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
- the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
- that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
NO SOLICITATION WITHIN MEMBERS AREAS:
You are not permitted to offer your services, sell your programs or products, or invite Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Member Areas is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the Program without refund.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other Participants. These third-party materials and websites are not part of the Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
THE PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCT IS AT YOUR SOLE RISK. By purchasing access to the Product, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your spirituality, mental health, emotional wellbeing, physical health, earnings, business profit, or results of any kind. You alone are responsible for your actions and results in life which are dependent on personal factors. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the Province of British Columbia, Canada and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the Province of British Columbia, Canada, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT AND REQUEST A REFUND AS SET FORTH IN SECTION 6.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, Product, or Nina Hirlaender, Guest Teachers and Guest Facilitators, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libellous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Product is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either email or postal mail. If you have any questions, please contact us at [email protected]ninahirlaender.com
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Government of Canada. A
9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and provincial courts in the Province of British Columbia, Government of Canada for purposes of any such action by us.
11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.