By using this website, you accept the disclaimer, terms of use, policies and restrictions set forth here. By using this website, you signify your consent to these. If you do not agree to these, please do not use this website.

Disclaimer

The healing modalities, therapies discussed, products, and claims made about specific products or natural approaches to health issues made on or through this website have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. This website nor its products, programs, courses, resources, services or training in any other format, are intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on this website, including information that may be provided on this website through video, written content, or by linking to third-party websites are provided for informational purposes only. Please consult with a medical physician or other healthcare professional regarding any medical or health related diagnosis or treatment options. Information provided on this website, including offered products, programs, courses, resources, services or training in any other format and its linked websites, including information relating to ailments and health conditions, treatments and products, may be provided in summary form. Information thereon and therefrom is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatments. Please never disregard or delay medical advice based upon information you may have received thereon and therefrom. Always consult with your healthcare professional prior to using any medication, nutritional, herbal, or homeopathic product or therapy, before beginning any exercise or diet program, or starting any treatment for a health issue. Comments made in any forums on or link to from this website, by employees or other members/users are strictly their own personal views made in their own personal capacity. They do not necessarily represent the position or view of D.D. Black, The Gift of You Consulting, Living it Well - PMA, or of the members or staff.

Terms and Conditions of Use

Please read carefully. By using this website, registering for and/or purchasing any product, program, course, resource or service from D.D. Black, The Gift of You Consulting - Living it Well, the following Terms and Conditions are entered into by (“D.D. Black, The Gift of You Consulting - Living it Well ”, “we”, or “us”, or "our") and You (“The Member/Client” or “You”) agree to the following terms stated herein:

I. GENERAL CONDITIONS

Acceptance of Terms.
By accessing the The Gift of You Consulting - Living it Well website https://www.LivingitWell.com, registering, purchasing and/or participating in any product, program, course, resource or service provided therefrom, you agree to be bound by the terms and conditions described herein ("Terms of Use") and any subsequent changes, as it may be updated from time to time. Except as specifically stated otherwise, these Terms of Use set forth the entire understanding relating to this subject matter.

Severability.
If any provision of the Terms of Use is held to be invalid or unenforceable by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, all remaining provisions hereof will remain in full force and effect.

Termination.
D.D. Black, The Gift of You Consulting - Living it Well reserves the right in our sole discretion to refuse or terminate your access to the Website and its content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us

Foreign Access.
The site is controlled and operated in whole or in part by D.D. Black, The Gift of You Consulting - Living it Well in the United States. D.D. Black, The Gift of You Consulting - Living it Well and all related agents and staff, make no representation that the content in the site is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.

II. PRIVACY POLICY

1. Voluntary Data Collection.

D.D. Black, The Gift of You Consulting - Living it Well collects information that you provide to us under various circumstances, including when you complete a form, enroll in a course, attend different workshops, join a Facebook group/social media, enter a promotion, enroll in the webpage, or otherwise communicate with us. That information may include your name, address, e-mail address, telephone number, and any other information you provide or display in that circumstance.

2. Automatic Data Collection.

We also may collect information when you visit any of our sites or learning platforms. That information may include information about your device, IP address and general physical location derived from it, nature of phone service, referring URL’s, operating system, browser type, link clicks, and page visits.

3. Use of Data.

We use information about you for various legitimate interests, including: helping us to detect and prevent fraud; improve network security; provide, maintain and improve the sites and learning platforms; process transactions; personally communicate with you; improve your user and learning experience; improve our advertising and marketing efforts; facilitate promotions; to contact users about programs or courses for which they have expressed interest; to distinguish adults from minors; and for other legitimate interests. Information about you will be maintained only as long as necessary to serve these legitimate applications. If, at any time, you want to update or correct your information or would like us to restrict or discontinue using your information, you can contact us at the address provided below. Note that, in some cases, a request to restrict or discontinue the use of your information may prevent you from continuing to enjoy certain products or services.

4. Disclosure of Data.

We may also share some of your information with our business partners to operate and improve the sites and learning platforms, transmit emails, conduct promotions, manage ads, process payments, host and protect data, offer technical and customer support, and for other legitimate interests. For instance, if you opt-in to receive our marketing materials or other promotional items, we may provide your information to third parties entrusted with fulfilling those requests in confidentiality of your information. You may opt out of receiving those and other emails from us at any time through the unsubscribe or manage preference link included in such emails.

We also disclose information when required to do so by law, or when in good faith, we believe such action is necessary to protect our property or rights, or those of third parties or the public at large.

5. Use of Party Cookies

A “cookie” is a small text file placed on a user’s computer used to store information about the user. We may use cookies to track the pages that users to the site visit during their online session, to help us improve the users’ experiences, and/or to help us understand how the site is being used. Users who do not wish to have cookies placed on their computers should disable“cookies'' through their web browser settings, with the understanding that disabling cookies may diminish a user’s experience on the site and that certain features of the site may not function properly without the aid of cookies.

6. Third Party Cookies

We may allow third party companies to set and access their own cookies, if and when applicable and transparently disclosed. Such “third party cookies” are used to collect data about the site’s traffic, for statistical analysis about the advertisements on the site and to further customize and enhance a user’s experience on the site. We do not control third party cookies and third-party cookies are not governed by this Privacy Policy, but rather are governed by the privacy policy of the third-party companies.

7. Links to Other Websites.

Our sites may contain links to third-party websites that are not controlled by us. If you choose to visit such websites, we is not responsible for the privacy practices or content of those websites, and it is your responsibility to review the terms and privacy policies of those websites to confirm that you understand and agree with their policies.

8. Modifications

We reserve the right to change the sites, these Terms of Use, and any other policies or conditions. Please review this page periodically for any updates or changes. These Terms apply to all visits to our site(s), both now and in the future. Your continued access of the site(s) shall be deemed your notification and acceptance of these changes. Questions regarding these Terms of Use should be directed to support@LivingitWell.com.

9. Errors and Omissions.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. 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. We assume no liability for errors or omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

III. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

We employ reasonable technical and organizational safeguards to protect your information, including best practices for user information management and our strict confidentiality and security policy. When users submit sensitive information via the site or other means, all information is protected both online and off-line. However, due to the nature of the Internet, we cannot completely ensure, guarantee, or warrant the security of any information transmitted to us or through our sites or learning platforms. Submitting information is done at your own risk.

Legal and Financial Disclaimer.

This Website and its content are not to be perceived or relied upon in any way as financial or legal advice. The information provided through our Website and its content 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 Website or its content. You are solely responsible for your results. Please check with your state for specific information on licensing requirements.

Medical Disclaimer.

This Website and its content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website, its content and the products, programs, courses, resources are services offered herefrom, are 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 on this Website, its content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care 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.

For students who desire to receive certain consulting services from us, and as we provides such services, services will be provided on the terms and conditions set forth herein. Every human being is unique on a biochemical level, and we cannot guarantee any specific results.

IV. PROGRAM FEES AND POLICIES

Credit Card Authorization:

When you make a purchase, you authorize us to charge your credit card or debit card automatically in accordance with the payment plan you selected. You must provide complete, current, and accurate payment information and update us promptly should any payment information change. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand, together with any applicable collection costs, including attorneys fees and costs, on any outstanding balance.

Promotional Pricing Devices and Price Adjustments:

We are not able to accommodate a price adjustment after purchase.

Currency:

All payments will be processed in US Dollars.

Taxes:

Where/when applicable, sales tax will be will be applied to your order as required by law in either yours or our local area.

Refunds:
Payments are NONREFUNDABLE

Unless others stated, upon execution of this agreement, all transactions are final and not subject to a refund under any conditions. The student further agrees and understands that changing their mind about their purchase, failing to follow through or understand the details of their purchase, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.

Chargebacks and Payment Security:

To the extent that you provide us with credit card information for payment, we shall be authorized to charge the credit card(s) for the agreed upon charges. You further agree that you will not cancel the credit card provided without concurrent notice to us at the time such credit card is canceled and the furnishing of replacement credit card information.

Failed Payments:

In the event that you fail to make any agreed upon payments within the time prescribed, we have the right to cease product, program, course or service access until payment is made. You are encouraged to contact us if any payment plan adjustments would be helpful. Any outstanding payments which exceed thirty (30) days where no clear communication has been established between you and us, regarding a modified payment plan, balance will be sent to a collection agency without objection from you.

V. SERVICES

We may include different components, such as videos, audio tracks, PDFs, live calls, access to a private group platforms, communities, and other resources. You are granted a non-exclusive, non-transferrable, revocable license to access our courses for personal use only, in accordance with this agreement. We reserve the right to terminate your license and right to use our products, programs, courses, resources and services without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of this agreement. Without limiting the foregoing, we may, in our sole discretion, limit, suspend, or terminate your participation in our products, programs, courses, resources and services without refund, if you:

(i) become disruptive or difficult to work with;

(ii) you fail to follow the program guidelines; or

(iii) you impair the participation of our instructors or participants in our programs.

1. Sign-in name; Password; Unique Identifier

During trainings and sessions you are to provide true, accurate, and current information. You agree not to share login information, call-in numbers, passwords, and protected links with anyone and you acknowledge that doing so is a material breach of this agreement. Providing this information gives us permission to communicate with you to relay special offers, announcements and information.

2. Earnings Disclaimer

We cannot and do not guarantee or promise any level of earnings or any specific results from use of our products, programs, courses, resources and services. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, network, finances, and time you devote. We make no guarantees that you will achieve any results from our ideas, techniques, or models presented by us, and we offer no professional legal, medical, psychological or financial advice.

3. Your Content

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of /including commenting in the groups settings, platforms and communicating with us directly or through other forums. You expressly acknowledge and agree that once you submit Your Content it will be accessible by others, and that there is no confidentiality or privacy with respect to it, including, without limitation, any personally identifying information that you may make available.

YOU ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR CONTENT.

You represent and warrant:

(a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content for use as contemplated herein, and

(b) that you are at least eighteen (18) years old.

You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty- free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content, including your name, likeness, and photograph in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

4. Request for Permission to Use Content

Any request for written permission to use our Content (outside of areas of the program distinctly indicated “For Your Use”) or any other intellectual property or property belonging to us, should be made before you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to support@LivingitWell.com. You may not use any content in any way that is contrary to these Terms & Conditions unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission (eg - for the use of educating those in your designated and agreed upon stewardship(s); not to re-create another online course to sell). If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its content.

6. Privacy and Confidentiality

We respect your privacy and we must insist that you respect the privacy of fellow Members/Clients and participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, Confidential Information) and must insist that you respect the same rights of your fellow Members/Clients and participants.

Thus, you agree:

● not to infringe any Members/Clients, participants or our copyright, patent, trademark, trade secret or other intellectual property rights;

● that any Confidential Information shared by our Members/Clients, participants or any of our representative(s), is confidential and proprietary, and belongs solely and exclusively to the Members/Clients, participant or our representative(s) who discloses it;

● not to disclose such information to any other person or use it in any manner other than in discussion with other Members/Clients or participants during our sessions;

● that all materials and information provided to you by us is its confidential and proprietary intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us;

● the reproduction, distribution and sale of these materials by anyone but us is strictly prohibited;

● that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph we and/or the other Member/Clients and/or participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations While you are free to discuss your personal results from our products, programs, courses, resources, services and other training in other formats, you must keep the experiences and statements, oral or written, of all other Member/Clients and/or participants in the strictest of confidence.

7. Interactive Features

It is a condition of your participation in and use of our related products, programs, courses, resources, services and other training in other formats that you do not:

● Restrict or inhibit any other user from using and enjoying the related products, programs, courses, resources, services and other training in other formats.

● Use our products, programs, courses, resources, services and other training in other formats to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

● Use our products, programs, courses, resources, services and other training in other formats to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

● Gain unauthorized access to any product, programs, courses, resources, services and other training in other formats, or any account, computer system, or network connected to our products, programs, courses, resources, services and other training in other formats, by means such as hacking, password mining or other illicit means.

● Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Website, products, programs, courses, resources, services and other training in other formats.

● Use our products, programs, courses, resources, services and other training in other formats to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

● Use the products, programs, courses, resources, services and other training in other formats to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

● Use our products, programs, courses, resources, services and other training in other formats to post or transmit any information, software or other material that contains a virus or other harmful component.

● Use our products, programs, courses, resources, services and other training in other formats to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

● Use our products, programs, courses, resources, services and other training in other formats to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

● Gather for marketing purposes any email addresses or other personal information that has been posted by other Member/Clients, participants or users of our products, programs, courses, resources, services and other training in other formats.

8. Audio and Video Release

You authorize us to use your story as a testimonial and further agree to allow the use of your words, voice, photo, and likeness captured in any programs via photograph, audio, or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to you. You waive any right you may have to inspect and/or approve any photographs, audio, or video of yourself. You understand and agree that all recordings are our exclusive rights and you do not ask for or expect compensation for the use of the recordings or photographs in which you appear or speak. We own all rights to any audio, video, and/or photographs captured during the performance of this agreement.

9. Modification

We may modify this agreement from time to time and such modification shall be effective upon posting within products, programs, courses, resources, services and other training in other formats, forums. After modifications are made, you will be submitted a new copy of the agreement for your review, at this time you will agree to either continue services under the new conditions or the agreement will be terminated. You agree to be bound to any changes to this agreement when you use our products, programs, courses, resources, services and other training in other formats, after any such modification is accepted by both parties.

VI. LAW; JURISDICTION

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO US OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

VII. FORCE MAJEURE

If either party is prevented from performing any of its obligations under this agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment of any sums of money owed by you to us; and provided further, however, if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this agreement.

VIII. DISCLAIMERS; LIMITATIONS OF LIABILITY.

A) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE, PRODUCTS, PROGRAMS, COURSES, RESOURCES, SERVICES AND OTHER TRAINING IN OTHER FORMATS, WHICH ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

B) WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT WE WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED.

C) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS:

(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE OUR WEBSITE, CONTENT, PRODUCTS, PROGRAMS, COURSES, RESOURCES, SERVICES AND OTHER TRAINING IN OTHER FORMATS AND AT YOUR OWN RISK;

(II) 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;

(III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE OUR WEBSITE, CONTENT, PRODUCTS, PROGRAMS, COURSES, RESOURCES, SERVICES AND OTHER TRAINING IN OTHER FORMATS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

D) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR WEBSITE, CONTENT, PRODUCTS, PROGRAMS, COURSES, RESOURCES, SERVICES AND OTHER TRAINING IN OTHER FORMATS.

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF

(I) A REFUND OF THE AMOUNT PAID TO US, OR

(II) $100.

Digital Millennium Copyright Act (DMCA) Notice

We respect the rights of other copyright holders. If you believe your copyright is being infringed, we will respond to notices of alleged infringement submitted in accordance with 17 USC §512(c)(3). Notice may be sent by email to: support@LivingitWell.com.

IX. INDEMNIFICATION

You agree to indemnify and hold us, our subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: this agreement, your use of CDC, a breach of this agreement, any breach of your representations and warranties set forth above, and/or if any of Your Content that you post within or related to CDC that causes us to be liable to another.

X. MISCELLANEOUS

This agreement represents the entire agreement between you and us related to us (D.d. Black, The Gift of You Consulting, Living it Well) and prevails over any prior or contemporaneous, conflicting or additional communications, whether written or oral with respect to the subject matter. You may receive a copy of this agreement or ask any questions by emailing support@LivingitWell.com. This agreement shall be binding upon and shall ensure to the benefit of the respective parties hereto, their respective successors-in-interest, licensees, sublicenses, legal representatives,heirs and assigns. No failure of either party to exercise or enforce any provision or any of its rights under this agreement shall act as a waiver of that provision, of any provision in this agreement or of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. In the event any provision of this agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision shall remain in full force and effect and will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this agreement, they begin negotiations for a suitable replacement provision. Your failure to use any of our products, programs, courses, resources, services and other training in other formats after purchase does not void any part of this agreement.

You may not, without our prior written consent, assign this agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this agreement and shall be void. Our rights and obligations, in whole or in part, under this agreement may be assigned or transferred by us.

Nothing contained in this agreement shall be construed to

(i) give either party the power to direct and control the day-to-day activities of the other;

(ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or

(iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Except as provided herein, our rights and remedies are set forth in this agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity. This agreement is solely for the benefit of the parties and their successors and permitted assigned, and does not confer any rights or remedies on any other person or entity. This agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this agreement in construing or interpreting the provisions hereof.

IN WITNESS WHEREFORE, the parties hereto have executed this agreement as of the date first accessing this website, registering for and/or purchasing any product, program, course, resource or service from D.D. Black, The Gift of You Consulting - Living it Well.