PEMF PURA VIDA
LAW TERMS OF USE
Last Updated: AUGUST 2024.
The following terms of use (“Terms of Use”) and the Privacy Policy (“Privacy Policy” or “Policy”) of PEMF PURA VIDA Law (“PEMF PURA VIDA Law,” “we,” “us,” “our firm”), govern the use www.pemfpuravida.world (the “Website”), registering for and/or attending training or courses presented by PEMF PURA VIDA Law (“Programs”), and accessing any other paid or free PEMF PURA VIDA Law products or services through the Website (collectively, the “Offerings”). By accessing PEMF PURA VIDA Law's Offerings, you acknowledge and agree to be bound by PEMF PURA VIDA Law’s Terms of Use and Privacy Policy, and any PEMF PURA VIDA Law terms or policies referenced or incorporated therein, as well as the terms and conditions and privacy policies of applicable PEMF PURA VIDA Law contractors and third party hosts/platforms, each as may change from time to time subject to its terms.
1) Intellectual Property Rights & Use Restrictions
All content at the Website and in the Programs and other Offerings, including without limitation articles, slides, blog posts, and live or recorded audio and/or visual content (“Documentation”) is protected by copyright law, and PEMF PURA VIDA Law is the sole owner of the copyrights and any other intellectual property rights to such Documentation, except as to the limited licenses specifically set forth below in this Section. You agree not to use the Website, Programs or other Offerings, including the Documentation, except in compliance with this Section.
a. Materials: Individuals enrolled in Programs
(“Participants”) may reproduce the Program agenda (if provided) and slides (if provided) for the Program (the “Materials”), solely for that Participant’s personal use. Participants receive no right, title, or interest in or to Materials (or any other part of the Program) other than the limited license granted in the preceding sentence. For the avoidance of doubt, Participants may not create derivative works from the Materials, nor sell or resell the Materials.
b. Access to Programs/Sessions and Recordings:
Each enrollment/registration for a Program is for only one Participant unless a duo-package or group package is purchased– only that individual may attend, for that Participant’s personal use. PEMF PURA VIDA Law may record it’s Programs, for PEMF PURA VIDA Law’s future use, and some Programs may, in PEMF PURA VIDA Law’s discretion, contain pre-recorded or partially pre-recorded instruction. If provided access to a live, or recorded, audio and/or visual Program, you, as Participant, agree you must not share your access (or access credentials) with anyone else, you must not to record or otherwise reproduce or broadcast or distribute a Program or any part of it, and you must not save or otherwise reproduce a copy of a recording or any part of a recording provided by PEMF PURA VIDA Law. You agree that your access to Program recordings is limited to the terms and duration offered by PEMF PURA VIDA Law. For the avoidance of doubt, Participants receive no intellectual property right, title, or interest in or to recordings.
c. Website Materials:
The Materials available at the Website for download are available for use by Website visitors (and e-mail recipients). Unlike any other PEMF PURA VIDA Law Offerings, you may reproduce and create derivative works from the Materials, and you may use the Materials for your own transactions, including your customers’ transactions (whether or not you charge for your services). However, you may not sell or resell the Materials, and you receive no rights to the Materials other than those specifically granted in this Section. PEMF PURA VIDA Law may edit, replace, or remove the Materials altogether, at any time, without notice or obligation to you. You receive no license to any content at the Website other than the Materials.
All use of the Materials and other content at the Website is subject to the provisions above.
d. “Interactive Content” & “Feedback”:
You hereby grant PEMF PURA VIDA Law a perpetual, irrevocable, worldwide license to reproduce, distribute, modify, publicly perform, publicly display, and otherwise use and exploit any content you contribute to the Website or a Program or other Offering, including without limitation any recording of your image or voice, poll responses, and the text of any questions or comments you submit in writing, such as in survey or evaluation responses (collectively, “Interactive Content”). Such Interactive Content is not anonymous, and you waive any right of publicity or right of privacy you may have in Interactive Content. If you provide any suggestion or idea for improving or otherwise modifying PEMF PURA VIDA Law’s products or services (“Feedback”), you agree that PEMF PURA VIDA Law has an unrestricted right to use, profit from, disclose, publish, keep secret, or otherwise exploit that Feedback without compensating or crediting you.
2) Program Pricing, Refund Policies
a. Pricing, Discounts:
Where, in its discretion, PEMF PURA VIDA Law offers discounts for a Program, only one discount code (or coupon) may be applied per registration. PEMF PURA VIDA Law may modify its Program terms and conditions, including pricing, and including changing or discontinuing discount offerings, at any time, without notice (but will of course honour pricing and discount terms for which a purchase has been completed). No retroactive discounts.
b. Cancellation/Refund Policies:
Policies (and third party hosts/platforms) differ depending on the type of PEMF PURA VIDA Law Program. Find the Section in your course Services Agreement that applies to the Program in which you are interested in more information.
3) Disclaimers, No Warranty or Guarantee, Limitation of
PEMF PURA VIDA
Law Liability
a. Disclaimers/No Warranty or Guarantee:
NEITHER ANY AUTHOR OR PUBLISHER OF THE WEBSITE OR THE PROGRAMS OR OTHER OFFERINGS REPRESENTS THAT ANY PROGRAM, DOCUMENTATION, OR MATERIALS, OR ANY OTHER OFFERING WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WITHSTAND CHALLENGES TO ITS LEGAL OR FACTUAL SUFFICIENCY. THE OFFERINGS, INCLUDING WITHOUT LIMITATION THE INFORMATION AND MATERIALS ON THE WEBSITE AND INFORMATION PROVIDED WITH THE PROGRAMS AND OTHER OFFERINGS ARE PROVIDED “AS IS,” AND ARE NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. PEMF PURA VIDA LAW PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE WEBSITE, PROGRAMS, AND OTHER OFFERINGS INCLUDING THE DOCUMENTATION REFERENCED OR PROVIDED BY THEM ARE GENERAL IN NATURE AND MAY NOT BE SUFFICIENT FOR A SPECIFIC NEED OR CIRCUMSTANCES.
b. Limitation of
PEMF PURA VIDA
Law Liability:
PEMF PURA VIDA LAW’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF ANY PEMF PURA VIDA LAW OFFERING INCLUDING WITHOUT LIMITATION THE WEBSITE OR A PROGRAM OR DOCUMENTATION WILL NOT EXCEED THE FEES PAID FOR IT (IF ANY). IN NO EVENT WILL PEMF PURA VIDA LAW BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR LOST BUSINESS RESULTING FROM SUCH USE. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PEMF PURA VIDA LAW IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits application of this Section, PEMF PURA VIDA Law's liability will be limited to the maximum extent permissible by law. For the avoidance of doubt, PEMF PURA VIDA Law's liability limits and other rights set forth in this Section apply likewise to PEMF PURA VIDA Law's instructors, other staff, principals, employees, agents, officers, insurers, and other representatives.
c. No Financial Services:
The Website, the Programs, and other Offerings are authored and published by PEMF PURA VIDA LAW or Patrick PEMF PURA VIDA, which is not a financial advisor and does not provide financial services of any kind. THE WEBSITE, THE PROGRAMS, AND OTHER OFFERINGS ARE NOT, AND ARE NOT INTENDED TO BE, A SOURCE OF FINANCIAL ADVICE AND NOT A SOURCE OF LEGAL ADVICE. You agree that you are not relying on any of the information on the Website, in the Programs, or in any other Offerings in determining how to conduct your financial or legal affairs. Publication of information at the Website or in the Programs or any other Offerings, including without limitation articles, slides, blog posts and live or recorded audio and/or video content (collectively, “Documentation”) does not constitute the provision of financial or legal advice. Neither the author nor publisher of the Website or the Programs or other Offerings, nor the author or publisher of the Documentation, is rendering a financial service or a legal service, and neither is anyone else affiliated with the Website or the Programs or other Offerings. The Offerings, including the Documentation, should not be relied upon as a substitute for consultation with an experienced financial or legal advisor, as applicable.
d. Not Professional Coaching Advertising:
Contact information and mechanisms at the Website are solely for inquiries about course, programs, books, and the other resources provided or advertised here, and not for inquiries about professional coaching services offered by third parties. If notwithstanding the foregoing, the Website, the Programs, other Offerings, or information contained within any of their marketing is construed as PROFESSIONAL COACHING ADVERTISING, the following governs those services: (a) results in coaching matters depend upon a variety of factors unique to each matter; and (b) in any representation of clients by coaches affiliated with the Website or the Programs or other Offerings, such coaches do not guarantee, warrant, or make any prediction regarding the result of any representation. Every matter is different, and results depend on the unique personal and professional factors present in a specific coaching program.
4) Miscellaneous
a. Sanction Compliance:
No person may register for or attend a Program, or otherwise make use of PEMF PURA VIDA Law’s Offerings, who is, or is employed by an entity that is, subject to sanctions and/or boycotts by the United States, or otherwise publicly boycotted by PEMF PURA VIDA Law. By registering for a Program, you affirm you are not subject to any then-applicable sanction and/or boycott.
b. Force Majeure:
No delay, failure, or default by PEMF PURA VIDA Law will constitute a breach to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of God or of Nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, technical or other access failures or suspensions or terminations by third party hosts/platforms or by contractors (including electrical or internet disruptions), or other causes beyond PEMF PURA VIDA Law’s reasonable control. Nor shall temporary technical access lapses be deemed a breach by PEMF PURA VIDA Law, regardless of cause.
c. Choice of Law & Jurisdiction:
Any disputes related to the Website or a Program will be governed solely by the internal laws of the Province of Ontario, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The parties consent to the personal and exclusive jurisdiction of the federal and provincial courts of Ottawa, Ontario.
d. California Notices:
Out of an abundance of caution,
i. If your relationship with PEMF PURA VIDA Law may be subject to California Business & Professions Code Section 17538, see our firm information on our Website, know you may request that our firm name and address (which is as set forth there) be e-mailed to you by reaching out to [email protected], and see Section 2(b), above, for refund policies.
ii. If your relationship with PEMF PURA VIDA Law may be subject to California’s Electronic Commerce Act of 1984 (California Civ. Code Section 1789), know that complaints or requests for further information may be directed to us via the contact information on our Website. And the Consumer Information Center of California’s Department of Consumer Affairs may be contacted at www.DCA.GOV, 800/952-5210, or 1625 North Market Boulevard, Ste. N112, Sacramento, CA, 95834.
e. Amendment:
You recognize that visiting the Website, and enrolling in or attending a Program, or using any other PEMF PURA VIDA Law Offering, does not restrict PEMF PURA VIDA Law’s rights to revise its terms and policies. PEMF PURA VIDA Law may change its Terms of Use and/or Privacy Policy at any time by posting a new version on this page or on a successor page. The new version will become effective on the date posted, which will be listed at the top of the page as the new Effective Date. Each time the Website or a Program is accessed, Website visitors/Participants are offered the opportunity to view the then-current Terms of Use and Privacy Policy, and by agreeing to proceed have accepted and agreed to the then-current Terms of Use and Privacy Policy (including terms and policies incorporated therein). For the avoidance of doubt, PEMF PURA VIDA
Law does not accept terms sought to be imposed by customer purchase orders, or otherwise by customers.
6) Contact Us
Have a question or concern about a PEMF PURA VIDA Law Offering, Materials, or policy? Contact us:
1-647-285-2341
For questions, or to unsubscribe from marketing e-mails, please contact us at [email protected]. In communications with us, do not provide personal information about others (unless you have their permission), and never provide more personal information than necessary (including in comments). Do reach out if you are unable to access something you need from our Website, or are unable to complete a transaction with us. We strive to keep the Website and our other Offerings reasonably accessible to users with disabilities, but do contact us if you require a reasonable accommodation.