The Essentials for Nervous System Health & Healing - Class Series

Service Offering Agreement

May 2023

On behalf of Scientuitive - Fitness & Wellness Education Inc. (the “Company”), we are excited that you’ve registered for The Essentials for Nervous System Health & Healing - Class Series (the “Class Series”)! Your access to the Class Series is conditional upon agreeing to the following terms and accepting our website terms and privacy policy, which form a part of this Service Offering Agreement (this “Agreement”).

Client expectations

Participants must have an internet connection fast enough to download any Class Series materials in a timely manner. If you don’t know if your internet is fast enough please consult with your internet service provider BEFORE YOU BUY, and make sure the download speeds are suitable for your needs.

The Company and its authorized representatives are committed to fostering a respectful environment where Class Series participants are welcoming and inclusive of all and treat others with dignity and respect and in a non- discriminatory manner.

You hereby acknowledge that if, in the reasonable opinion of any of the Company’s authorized representatives, you are acting in a disrespectful manner to any such authorized representatives or the Class Series participants, during the Class Series or any time after, you may be removed from the Class Series and have access revoked to various Company materials (e.g. alumni access revoked) without refund.

Confidentiality and Limited License

By being granted access to the Class Series, you agree and acknowledge that no recording of any kind is allowed. All information shared in connection with the Class Series or otherwise accessed with permission or made available by the Company (if applicable), is considered strictly confidential and not to be publicly shared without Company approval.

Any information provided to you by the Company or otherwise accessed in connection with the Class Series shall be in accordance with this Agreement, our website terms, and any other terms included each time such information is provided or accessed. In providing any such information to you, on the foregoing terms, the Company is granting you an irrevocable, non-exclusive, non-transferrable, non-assignable, non-sublicensable limited license solely for personal use and access to such information, as and when made available by the Company. In granting such limited license, the Company shall retain all right, title, and interest in and to such information.

For clarity, any information provided or made available to you, whether accessed online or made available for download offline, shall not be posted online or otherwise shared with any third party, nor be used for any commercial purpose, without the Company’s prior written approval.

Company Limited Use of Testimonials

If you provide the Company with testimonials or other feedback (“Testimonials”), you agree to grant the Company an irrevocable, worldwide, assignable, sublicensable and perpetual license to use, publish, display, broadcast, distribute, adapt, modify, prepare derivative works of, incorporate into other works, and reproduce the Testimonials in connection with advertising and promoting the Class Series or the Company’s other product offerings, whether on the Company’s websites or in social media, exhibitions or similar public displays, and in educational materials forming part of the Class Series or the Company’s other product offerings.

Intellectual Property Ownership of Testimonials

You agree that Testimonials will be the exclusive property of the Company to use in its sole discretion in accordance with this Agreement, without additional compensation owing to you for their use, and you hereby waive any right to inspect and approve the finished product or final version of the Testimonials. During and after the Class Series, you further agree to waive and release all intellectual property and moral rights in connection with the Testimonials and the Company’s use in accordance with this Agreement.

The Company hereby reserves all other rights in and to the Testimonials that are not expressly granted to you under this Agreement and you acknowledge that the Company owns and will retain all right, title and interest in and to the Testimonials.

Changes to this Agreement

Please note that we reserve the right to modify the licensing terms and offering of the Class Series, and all other offerings contemplated in this Agreement, when reasonably necessary or advisable. In such cases, we will use reasonable efforts to communicate with you in the event of any such changes to this Agreement.

Who should I contact with questions?

Thank you for your interest in the Class Series. If you should have any questions around our policies, how the Class Series is delivered, what is involved and its suitability for you and your personal and professional needs, do not hesitate to email us at support@irenelyon.com

Assumption of risks

I agree that I am aware and understand that viewing the Class Series and participating in activities related to the Class Series may involve risks and dangers, including but not limited to the risk of injury. I acknowledge that I am voluntarily viewing the Class Series and participating in the related activities and freely accept and fully assume any and all of the risks and dangers involved, whether caused by the negligence of the Company or any employees, contractors, representatives, teachers, or moderators of the Company (collectively, “Company Representatives”), or otherwise, including myself.

By viewing the Class Series or participating in activities related to the Class Series, I expressly waive and release any and all claims (“Claims”) which I have or may have in the future against the Company or Company Representatives, including their respective affiliates, employees, agents, and representatives (collectively, the “Indemnified Parties”) on account of any injury or damage arising out of or attributable to my viewing of the Class Series  or participation in activities related to the Class Series. I agree not to commence or bring any Claims against the Indemnified Parties and I irrevocably release and discharge the Indemnified Parties from liability under the Claims.

Please note that the Class Series is not a substitute for professional medical advice, diagnosis, or treatment. It is intended to provide somatic, nervous system based information for your education and learning. The Class Series has not been scientifically evaluated and should not be used as a substitute for medical or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition and does not replace care from your physician. We are not psychiatrists, psychologists, or medical professionals. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call your local emergency services immediately.

Limitation of Liability

The Company’s liability with respect to its obligations under this Agreement or otherwise, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, and even if the Company has been advised of the possibility of such damages and for any and all claims arising under or in connection with this Agreement, regardless of the form of action, shall not exceed the aggregate amount of the fees that you pay hereunder.

In no event shall the Company be liable for any indirect, incidental, or consequential damages of any kind, including without limitation, indirect, special, punitive or exemplarily damages for lost business, lost savings, lost data, and lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.

Governing Law

I agree that this Agreement will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to their conflict of laws principles. Should a dispute arise as a result of this Agreement, I agree to submit to the exclusive jurisdiction of the courts of British Columbia and waive any jurisdictional objections to such courts. I further agree that the prevailing party in any action that arises as a result of this Agreement will be entitled to receive from the other party its reasonable legal costs.

Acknowledgement and Independent Legal Advice

I have read the above terms and fully understand them. I am of the legal age of majority in my jurisdiction and am authorized to grant the permissions, waivers, and releases set forth above. I have sought or hereby waive the opportunity to seek independent legal advice prior to accepting the terms of this Agreement.

Refund Policy

Due to the digital nature of the Class Series, no refunds are offered.

By clicking the button below I agree that I have read and agree to the conditions outlined in this service offering for The Essentials for Nervous System Health & Healing – Class Series and our website terms and privacy policy.

Last Updated: May 2023