Terms & Conditions, Enrollment Agreement for Reset4Success

By buying one of the programs, products, services, or program materials, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Lily Uijterlinde, acting for and on behalf of Reset4Success located in Breda, The Netherlands (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

1. Services

(a)   Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of a seminar, workshop, (online) training, consulting, coaching, and/or business-coaching (the “Program”).

(b)   The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.

(c)   Parties agree that the Program is in the nature of coaching and education.

(d)   The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.

(e)   Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

2. Fees

(a)   Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).

(b)   Company shall charge a 5% (five percent) late fee on all outstanding balances not paid by the date or dates as agreed between the parties.

3. Refunds

(a)   Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee.

(b)   If the client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund, except where Company’s statutory obligations mean that Client is entitled to either a full or partial refund.

(c)   If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Program will be made to Client.

4. Chargebacks and Payment Security

(a)   To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

(b)   If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

(c)   Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

5. No Resale of Services Permitted

(a)   Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program.

(b)   This agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.

(c)   Passwords: To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

6. No Transfer of Intellectual Property

(a)   Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.

(b)   Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.

(c)   Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

(d)   All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company.

(e)   No license to sell or distribute Company’s materials is granted or implied by the enrolment or by the payment of any fees. 

7. Limitation of Liability

(a)   By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.

(b)   The Program is an educational/coaching service only.

(c)   Client agrees that he/she accepts any and all risks, foreseeable or non-foreseeable, arising from such services.

(d)   In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

(i)     The total fees Client paid to Company in the one month prior to the action giving rise to the liability.

(e)   All claims against Company must be lodged within 100 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.

(f)     Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.

(g)   Client agrees that he/she uses Company’s services at Client’s own risk.

8. Disclaimer of Guarantee

(a)   Client accepts and agrees that she/he is entirely and solely responsible for her/his progress and results from the Program.

(b)   Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the services under this Agreement.

(c)   Company makes no representations or guarantees whatsoever regarding the performance of this Agreement other than those specifically stated herein.

(d)   Company and its affiliates disclaim, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.

(e)   Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same or similar results.

9. Course Rules

(a)   To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.

(b)   Client agrees to abide by any Course rules and/or regulations presented by Company.

(c)   The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

(d)   In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

10. Use of Course Materials

(a)   Client consents to recordings being made of courses and the Program.

(b)   Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

(c)   Client consents to his/her name, voice, and likeness being used by Company for a future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client or need for further agreement by Client. 

11. No Substitute for Medical Treatment

(a)   Client agrees to be mindful of his/her own health and well-being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.

(b)   Company does not provide and does not hold itself out as providing, medical, therapy, or psychotherapy services.

(c)   Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

(d)  Company is not liable for any specific health needs that may require professional supervision and is not liable for any damages or negative consequences from any treatment.

(e)   Any person with a heart condition, respiratory problems, with suicidal thoughts or suffering from any mental condition like psychotic or schizophrenic people should not use this training.

12. Termination

(a)   In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable.

(b)   Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.

(c)   In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

(d)   We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

13. Confidentiality

(a)   The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.

(b)   Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during a discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client.

(c)   Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

(d)  The only exception is information about child abuse or any attempt to self-harm or harming others. In these rare cases, we will treat information respectfully and declare to the authorities.

(e) Client Confidential Information shall not include material created by Client on internet social media (including, but not limited to, Facebook, LinkedIn, Twitter and Instagram). Where such material on social media mentions Company, services provided by Company, Company staff or Programs then Client agrees that Company may use such material for marketing and similar purposes without express permission of Client (other than by the terms of this Agreement) and that Client will have no claim of any kind against Company for use of the material.

(f) Client acknowledges and agrees that Program may include group activities and that Company may record, for later use at the absolute discretion of Company, such activities and that Client will have no claim of any kind against Company for use of the recorded material.

14. Disputes

(a)   In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence a further action in the venue stated below.

(b)   In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

15. Indemnification

(a)   Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.

(b)   Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.

(c)   Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors, and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

16. Controlling Agreement

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail. 

17. Choice of Law

(a)   This Agreement shall be governed by and construed in accordance with the laws of The Netherlands without giving effect to any principles or conflicts of law.

(b)   Subject to clause 14 above, the parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in Breda in The Netherlands, which arbitration shall be binding upon the parties and their successors in interest.

(c)   The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

18. Entire Agreement

(a)   This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.

(b)   This Agreement may be modified only by an instrument in writing duly executed by both parties.

19. Survival

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survived shall survive the termination, for any reason, of this Agreement.

20. Severability

If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

21. Other Terms

(a)   Upon execution of buying one of the Programs, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.

(b)   A facsimile, electronic, or e-mailed executed a copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

Disclaimer Reset4Success

The Programs, Products, Services, and Program Materials of Reset4Success are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Any person with a heart condition, respiratory problems, with suicidal thoughts or suffering from any mental condition like psychotic or schizophrenic people should not use this training.

Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as a business, financial or legal advice. The information provided through our Programs, Products, Services and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranties Disclaimer. We make no warranties as to our programs, products, services, or program materials. You agree that programs, products, services, or program materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not warrant that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our program, product or services materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Affiliate Link Disclosure: Some of the recommended products or services you see on this site may be affiliate links. If you follow an affiliate link and purchase, we may receive compensation for either cash or credit, at no extra charge to you. We only recommend products and services that we know, use, and love. Some products we may have only used for clients and not for our self. If you ever have any questions about the recommendations, please don’t hesitate to ask.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer and Terms and Conditions which may be found on our Website.