TERMS OF SERVICE
Lasted updated on March 5, 2020
1. General Terms
This Terms of Service (the “Agreement”) serves as a binding legal contract between One Woman Man Media, LLC, a Colorado limited liability company (“OWMM,” “we”, “us”, or “our”) and you (“you”, “your” or “user”) and governs your use of www.GreatMarriageGreatLife.com; www.AmantiIlluminati.com; www.ForeverInLove.com; www.ForeverInlovelive.com; www.CrackingTheCODEfreebook.com; PowerCoupleMasterclass.com; www.30daymarriagemakeoverchallenge.com; and/or any of our third party pages, accounts, or social media (collectively or individually, the “Site”), together with all information, content, products (whether free or purchased), materials and services we make available to you through the Site, including Forever In Love - Marriage Masterclass, Forever In Love - Live, and Flow and the Art of Falling In Love, (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site and/or using any of the Services, you are agreeing to be bound by this Agreement, which includes our Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site or any Service. When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. To the extent there is no signed, written agreement expressly altering the terms herein, this Agreement, together with our Privacy Policy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.
All text, information, graphics, pictures, images, logos, designs, code, layouts, audio, video, and data offered through our Site are collectively known as our “Content.” We may amend this Agreement at any time without specific notice to you. The latest version of the Agreement will be posted on the Site. You acknowledge and agree that you will review this Agreement for any updates each time prior to using the Site, and that you will be bound by any such revisions by proceeding to use the Site.
You agree, warrant and represent that (1) you will not take any action to conceal your identity or use the identity of another while using any Service; (2) you will use your true and correct identity, as well as complete and accurate information, when providing us with such information; (3) you will not use any Service for a commercial purpose; (4) you will not use any Service for a purpose other than its intended purpose; and (5) we retain the sole and absolute discretion to refuse, cancel or terminate any Service at any time and for any reason or no reason at all, without any liability whatsoever.
2. We Are Not Doctors, Social Workers, Counselors, or Scientists
We offer no Service that is intended to be a substitute for professional counseling, medical advice, diagnosis, or treatment. You should always seek the advice of a qualified healthcare provider or other appropriate professional with any questions you may have regarding a medical condition or any other potentially serious concern. If you are in a crisis situation, please seek the help of a qualified professional immediately. The Services we offer are for general informational purposes only. If you rely on any information obtained through this Site or any of our Services, you represent and warrant that you assume the full risk and liability of doing so.
3.Non-Credentialed Instructors
Tad Horning and Kimberly Horning are not traditionally credentialed teachers. They do not have degrees in marriage or relationship counseling or therapy. Their qualifications as authors, coaches and teachers comes from a 39 year-long love affair, interviewing countless couples, 15+ years of research and self-education, including reading of over 100 books on marriage, relationships, psychology, sex, romance and personal development, and the completion of multiple relationship programs and seminars. You agree, warrant and represent that you will not hold them responsible or liable for you and/or your spouse/partner not attaining or experiencing any particular result from any Service.
4. Our Services are Not for Everyone
The information we share; the principles, concepts and philosophies we teach; and the way we communicate it is not for everyone. Our marriage coaching and advice is predominantly from the perspective of a heterosexual couple with masculine/feminine polarity because that’s what we are and that’s what we understand. While the principles we teach may apply to any couple with polarizing energies, we don’t pretend to fully understand the dynamics between same-sex couples. Also, people are very different from each other. What works for us, may not work for you. While we have helped many couples over the years, we were unable to help everyone.
We make no claims as to the efficacy, probability or odds of you experiencing any positive results with any of our Services. We have no control over you, your willingness or ability to fully participate, your work ethic or your level of commitment to change anything. In our experience, the changes that are possible through the implementation of our Services and programs are directly proportionate to an individual’s level of commitment, ability to complete a program and implement the information, concepts and philosophies we teach. However, there will be certain individuals and couples for whom our Services or programs are not suitable.
5. Explicit & Mature Content
Our programs and Services occasionally discuss mature topics and may include explicit language associated with sex and romance. Explicit language may also be used at times for emphasis and for the purpose of getting the audience’s attention. Users who are uncomfortable with such language should not use our Services.
6. Ownership and use of Intellectual Property
“OWMM IP” is intellectual property or Content that is owned by OWMM or licensed to us by third-parties. You have no rights in or to such OWMM IP and you agree, as a matter of contract, and regardless of any potentially permitted “fair use” or other legal doctrines, you will not copy, sell, license, retransmit, reproduce, publish, create derivative works based upon, or otherwise transmit, any OWMM IP except as specifically permitted under this Agreement or other written agreements between OWMM and you. As a courtesy, we have published and/or permitted certain Content to be made available through the Site. Unless specifically stated otherwise on the Site, or we give you written permission, you shall not use and access, download and copy any Content.
Our name, logos, or trademarks appearing on the Site may not be used in any advertising or publicity or otherwise to indicate OWMM’s sponsorship of or affiliation with any of your products or services without OWMM’s prior express written permission or as granted by specific terms and conditions of other documents defining a relationship between OWMM and you. As a matter of contract, you agree, represent and warrant that you are prohibited from using any names, marks or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of OWMM. You agree you will not alter any Content in any manner to make it appear that OWMM is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third-party, except as expressly permitted in writing by OWMM.
7. User Restrictions
You acknowledge, agree, warrant and represent as follows:
- You will use the Site in a manner consistent with any and all applicable laws and regulations.
- You will not insert or cause to be inserted any HTML, JavaScript, PERL, or any other form of computer code into any user account data field on the Site or into any webpage on the Site.
- You will not upload, or cause to be uploaded, on the Site viruses or other similar malicious code.
- You will not engage in any conduct, or assist a third party who engages in conduct, that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack.
- You will not use the Site or engage in any conduct or action related to the Site, unless the use, conduct or action is clearly permitted, either expressly by this Agreement or the intended use and purpose of the Site.
- You will not access, monitor or copy any content or information using any manual or automated process including by robot, spider, scraper for any purpose without express written permission from OWMM.
8. Social Media Groups and Communities
We may establish social media groups or communities (collectively, “Groups” or individually, a “Group”) to be utilized in conjunction with a particular Service and/or to exist completely independent of any Service. You acknowledge and agree that we retain the sole and absolute discretion to (1) adopt or utilize any such social media groups in the provision of any Service or independently therefrom; (2) ban, restrict or block access to any Group for any reason; and (3) establish and/or enforce a code of conduct for any Group.
9. Links
As a courtesy to users, we may provide links to other websites or resources owned and operated by third parties. OWMM has no control over such websites and resources; therefore, you acknowledge and agree we are not responsible for the availability of such external websites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such websites or resources. You further acknowledge and agree we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods or services.
10. Marketing; Product Offers; Affiliate Commission
By registering with us, signing up to receive a free Service or class, or by purchasing a Service, you are authorizing us to promote and market to you other products or Services related to family, health, wealth, relationships, and wellbeing. These products or Services may be our own or the products or they may be the Services of our affiliates or other third parties. If we have some type of affiliate relationship with such a third party, and you purchase a product or service from them, we will likely make a profit or be paid commission from the sale. You agree, represent and warrant that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of, or reliance on, any information, product, or services offered or provided by any such affiliate or third party.
11. Registered Users Account, Password and Security; Other Important Terms
In consideration for your use of the Site, you represent and warrant you are at least 18 years of age, are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction, and are responsible for complying with any applicable laws or regulations. You also agree to: (a) provide true, accurate, current and complete information when prompted by the relevant portions of the Site and (b) if applicable, maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OWMM has reasonable grounds to suspect such information is untrue, inaccurate, not current or incomplete OWMM has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Site or the Services. You also agree to indemnify, defend and hold harmless OWMM, its affiliates, officers, directors, employees, consultants, and agents from any and all loss, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your provision of information that is untrue, inaccurate, not current or incomplete.
You are solely responsible for maintaining the strict confidentiality of your user IDs and Passwords and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your user IDs/Passwords, your disclosure of your user IDs/Passwords or your authorization to allow another person to access and use the Services using your User IDs/Passwords. You agree to immediately notify us if you become aware of any unauthorized use of your user IDs/Passwords or other need to deactivate a user ID/Password due to security concerns.
12. Right to Terminate and/or to Block Access
OWMM reserves the right to terminate, block or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement. In such an event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Unless specifically and expressly stated otherwise, termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
12. 1 Disclaimer of Warranties
WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE, ANY INFORMATION ON THIS SITE AND/OR THE SERVICES.
Unless specifically and expressly stated otherwise, WE PROVIDE ANY AND ALL SERVICES ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
OWMM does not guarantee, in any manner whatsoever, the accuracy, completeness, or usefulness of any information or Content on the Site or through a Service. You agree, warrant and represent that OWMM is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site or through any Service, and under no circumstances will OWMM be responsible for any loss or damage resulting from your use of or reliance on the information or Content made available through any Service. The Content appearing on the Site could include technical, typographical, or photographic errors. We do not warrant that any of the Content on the Site is accurate, complete, or current. We may make changes to the Content on our Site at any time without notice; however, we are not obligated, and do not make any commitment, to update any Content.
12.2 Guarantee
OWMM however does guarantee your full satisfaction. We have a 30 day and a life-time guarantee. Which guarantee applies to your product purchase will be based on what is expressly stated on your checkout page and receipt for the product in question. Our 30-day satisfaction guarantee is an unconditional money back guarantee per the terms below Section 14. Our lifetime guarantee is conditional upon the completion of the product in question per the terms below. Should you complete any program offered by OWMM and not be satisfied with the content of the program or the efficacy of the program, you may at any time after completing the program, receive a full refund of monies paid per the terms below in Section 14.
13. Paid Services
The basic terms for any paid Service, such as price and description of Service, will be contained on the Site, your confirmation receipt sent via email and/or applicable payment window and are incorporated herein by reference. To the extent there is a direct conflict with any terms on the Site or elsewhere regarding any Service, the terms herein shall govern.
14. Refunds
Without waiving any other rights, protections, or remedies, OWMM may offer limited money-back guarantees or refunds for certain paid Services. For services that offer a 30-day money back guarantee as expressly stated on product checkout page and/or product receipt, a refund must be requested within 30 days of purchase of product or service. Furthermore, any physical products received by customer must be returned in original new condition and postmarked within 30 days of purchase. Refunds on products with an expressly stated lifetime money back guarantee are available only after customer has completed the program in its entirety and determined that the service or program did not deliver as promised. At such a time, customer will be eligible for a 100% refund of their purchase price minus $100 to cover the cost of physical goods sent out. At any time that you are required to return unused products in new condition, you are fully responsible for the cost of shipping and not entitled to reimbursement of any shipping cost. Any promotional Services that are “free” but require you to pay for shipping or any other similar costs, do not come with any money-back guarantee, regardless of whether your receipt may state otherwise. You acknowledge and agree that under no circumstances will we be responsible to cover the cost of shipping or be liable to refund you any shipping or other third-party costs associated with your use of any Service. Condition
15. Limitation of Liability and Release
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR OWNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ANY SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR ATTORNEYS FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
THE TOTAL AGGREGATE LIABILITY OF OWMM UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO OWMM UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES. IN JURISDICTIONS WHERE LIMITATIONS ARE PROHIBITED, THE MAXIMUM DAMAGES SHALL NOT EXCEED THE STATUTORY LIMIT.
IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “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”.
16. Indemnity
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
17. Governing Law
This Agreement shall be governed in accordance with the laws of the State of Colorado, USA, notwithstanding any conflict-of-law provisions to the contrary.
18 . Waiver of Jury Trial
You hereby irrevocably waive your right to trial by jury in any action or proceeding arising out of this Agreement or the transactions relating to its subject matter.
19. Jurisdiction; Disputes; Arbitration
With the exception of OWMM’s claims against you relating to nonpayment or injunctive relief, all disputes and claims relating to this Agreement or any other agreement entered into between the parties, the rights and obligations of the parties, or any other claims or causes of action relating to the making, interpretation, or performance of either party under this Agreement, shall be settled by arbitration in Boulder County, Colorado, in accordance with the Federal Arbitration Act and the Arbitration Rules of the American Arbitration Association (“AAA”). Once a written demand for arbitration is made by a party, the other party shall respond to the demand within ten (10) business days; failure to respond will permit the demanding party to seek resolution through the applicable courts located Boulder County, Colorado. However, in the event the non-responding party attempts to subsequently participate in the court litigation, the demanding party, at its election, may compel the matter to be arbitrated in accordance with this Agreement. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive any statutes that appear to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract. Neither party shall pursue class claims and/or consolidate the arbitration with any other proceeding to which OWMM is a party. Each party must bear its own costs of arbitration; provided, however, that all arbitration fees shall be initially shared equally by the parties. Any failure to equally share arbitration fees prior to the issuance of an arbitration award shall be considered a default and shall permit the non-defaulting party to move for judgment by default, which shall be awarded unless the default is cured within five (5) business days. The arbitrator’s award shall include all arbitration fees, costs and attorneys’ fees for the prevailing party. The arbitrators shall have no authority to amend or modify the terms of the Agreement. Judgment upon the award of the arbitrator shall be submitted for confirmation to the United States District Court for the District of Colorado and, if confirmed, may be subsequently entered in any court having competent jurisdiction. This agreement to arbitrate shall survive any termination or expiration of this Agreement.
Notwithstanding the foregoing, OWMM’s claims against you relating to nonpayment or injunctive relief may be litigated in the applicable courts located Boulder County, Colorado, and the parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding. In the event you participate in the court litigation by asserting any defense and/or claim, OWMM, at its election and while continuing to seek injunctive relief from the Court, may compel all other matters, not pertaining to OWMM’s pursuit of injunctive relief against you, to be arbitrated in accordance with this Agreement. this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide. Furthermore, you specifically agree, warrant and represent that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by OWMM in any location other than Boulder County, State of Colorado and indeed agree that OWMM is not carrying on business in any jurisdiction other than the state of Colorado.
20. Class Action Waiver
You hereby agree to waive any class action proceeding or counterclaim against OWMM, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or the Services, the performance of either party, and/or any purchase from OWMM, its affiliates, successors or assigns.
21. Our Non-exclusive Remedies
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property or unauthorized use of the Site, you hereby consent and agree that OWMM shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. Upon the issuance of any injunctive relief, OWMM shall be entitled to recover from you, as part of the its costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
22. Attorneys’ Fees and Costs
If any arbitration, proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
23. Assignability
This Agreement is personal to you and you may not assign this Agreement or the rights and obligations hereunder to any third party.
24. Waiver
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
25. Severability; Construction
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments hereto.
26. Survival Of Terms
Any provision of this Agreement which by its nature may survive the termination of this Agreement shall survive such termination, including but not limited to the ownership, intellectual property rights provisions set forth in this Agreement.
27. Limitation On Actions
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted by you within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted. This limitation provision shall not apply to OWMM’s claims or defenses asserted against you and/or any related third-party.
28. Entire Agreement
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or Site posting by OWMM. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of OWMM and the user.
29. Force Majeure
OWMM shall not be responsible for, or be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by the death or disability of a member of OWMM, an act of God, fire, war, act of terrorism, insurrection, riot, labor disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of OWMM, regardless of whether such events or interference could or should have been completed.
30. Contact
Any inquires or concerns should be sent to [email protected] or mailed to PO Box 1755, Nederland, Colorado, 80466
