TERMS AND CONDITIONS OF QUANTUMALIGNMENTSYSTEM.COM and QUANTUMHUMANDESIGN.COM and FREEHUMANDESIGNCHART.COM and QUANTUMREVOLUTIONPODCAST.COM LAST UPDATED 06/07/2023
The website QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, and QUANTUMHUMANDESIGN.COM QUANTUMREVOLUTIONPODCAST.COM is owned by Quantum Alignment System, LLC, a Minnesota Limited Liability Company.
These Terms and Conditions disclose our policies for how you may use our website and any of our content, programs, products, and services. They outline your rights and obligations with regard to our website. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions.
By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.
“Website”= QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM and all content on QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM and QUANTUMHUMANDESIGN.COM and QUANTUMREVOLUTIONPODCAST.COM and all services offered on these or other websites.
“We,” “us,” and “our” = Quantum Alignment System, LLC.
“User,” “you,” and “your” = website visitors, customers, and any other users of our website.
“Service” and “Services” = (but are not limited to) informational/promotional newsletters, digital products, physical products, coaching services, group programs, membership programs, blogs, and podcasts.
“Lifetime access” – a single-time payment with unlimited access to the new acquisition and further updates. This is determined by product sustainability and is not meant to infer a literal human lifetime. You may reasonably expect a minimum of 1 year to 3 years.
“Content” = all intellectual property, proprietary information, trademarked and copyrighted material, and all original works on our website and in our Services, including, but not limited to, words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings, and videos recordings.
“Personal Information” = information we may collect, use, request, or that you may provide to us voluntarily and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address, and credit card information.
YOUR USE OF OUR WEBSITE.
You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm that you are 18 years of age or older.
If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our website, Services, and access to any program you may have purchased from us, without refund, and to prosecute you to the full extent of the law.
YOUR CONDUCT ON OUR WEBSITE.
- Lawful Purposes Only.
You agree to use our website for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our website any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters, or any other form of “spam.”
- As It Relates to Others.
You agree not to post or transmit through our website any material which infringes on the intellectual property rights of any person or entity, and you agree to hold us harmless should you do so.
You agree not to post or transmit through our website any material which violates or infringes on the rights of others or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violate any law.
You agree not to post or transmit through our website any material which would constitute cyberbullying, stalking, abusing, sexually exploiting, violently exploiting, or harassing any other users of our website. We have a zero-tolerance policy, and a violation of this term will result in your comments being immediately removed we reserve the right to prosecute to the fullest extent of the law.
You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue it, and if a third party should choose to take legal action against you based on the content you posted or transmitted on our website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.
- As It Relates to Technology.
You agree not to post or transmit through our website any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our website or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.
- Intellectual Property.
All of the Content on QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, and QUANTUMHUMANDESIGN.COM and QUANTUMREVOLUTIONPODCAST.COM and included in our Services, unless clearly stated otherwise, is solely owned by Quantum Alignment System, LLC and is protected by United States and international copyright, trademark and other intellectual property laws, which prohibit its unauthorized use.
You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of Quantum Alignment System, LLC.
We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our Content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our website and our Services without refund, and prosecute you to the fullest extent of the law.
When you view our website, we grant you a limited, revocable, non-transferable license for personal, non-commercial use only.
You acknowledge and agree that our website consists of original work which has been produced with care, creativity, and a significant investment of time, effort, and expense and needs to be protected from unauthorized use. You may not represent any of our Content as your own, and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to share purchased materials with others who have not purchased them. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially or in any other way.
All of the copyrights on our website are solely owned by Quantum Alignment System, LLC. Our logos, tag lines, names, icons, and design elements are trademarks belonging to Quantum Alignment System, LLC, which help consumers identify us and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or discredits our brand in any way.
All rights not expressly granted here or by express written consent are reserved by us.
- Express Written Permission.
Requests for express written permission to use any of the Content on our website or in our Services shall be made prior to such use, in accordance with these Terms and Conditions, and can be addressed to firstname.lastname@example.org.
- Our Free Materials.
If you choose to download a free resource from our website, you acknowledge and agree that this free resource is to be used for your personal, non-commercial use only. You agree not to edit, distribute or copy this free resource in any way. You agree that if you share this free resource, you will provide Quantum Alignment System, LLC proper credit, and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this free resource.
- Our Newsletter.
If you choose to “opt-in” or subscribe to our free newsletter, in exchange for providing your email address, you acknowledge and agree that you are subscribing to a free, no-obligation “advice” email newsletter and that no purchase is necessary to participate. You agree that if you no longer wish to be subscribed to our newsletter, you may “opt-out” or unsubscribe, at any time, by clicking on the link provided at the bottom of every newsletter or by contacting us at email@example.com. If you are unable to remove yourself from our free newsletter, you agree that the minimal intrusion of receiving our free newsletter will cause you no personal, emotional, or financial harm, and you will take no action against us for any damages or injuries.
If you choose to “opt-in” you agree to receive communications from us electronically and acknowledge and agree that we may provide notices or disclosures to you in electronic form.
- Intellectual Property.
You may have the opportunity to upload, post, submit or otherwise transmit material (“Your Material”) to our website. By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury which results in any way from Your Material, including any damages from copyright, trademark or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting, or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations, or rights of third parties.
- Security of Your Materials.
If you upload, post, submit or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our website.
- Our License to Your Materials.
When you upload, post, submit or otherwise transmit Your Material to our website, you grant us an irrevocable, worldwide, royalty-free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute for promotional, business development, and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not as the author/uploader of Your Material by using your name, email address, photograph or screen name, or any other reasonable manner of identification.
- Your Account.
To access certain Services on our website, you may be required to create an account, including a username and password, or provide other Personal Information, such as your name and email address. In order to purchase our Services, you will also be required to submit payment information and a billing address. You acknowledge and agree that any information you provide to us is voluntary, and if you do not wish to disclose such information, you can refrain from using our website and Services.
You agree that any information you provide to us will be accurate and up to date. You agree not to impersonate someone else or provide an email address other than your own, and you acknowledge and agree that should information you provide to us proves to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result. You agree not to use your account in a way that is illegal, unauthorized, or violates any laws in your jurisdiction.
All testimonials posted on QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, QUANTUMHUMANDESIGN.COM, and QUANTUMREVOLUTIONPODCAST.COM have been provided voluntarily, are factual, and reflect the real-life experiences of users of our Services. You acknowledge and agree that these testimonials do not guarantee that you will have the same or similar results.
QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, QUANTUMHUMANDESIGN.COM, and QUANTUMREVOLUTIONPODCAST.COM may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for these third-party websites or resources’ functionality, accuracy, content, and policies. A link on our website to a third-party website or resource does not imply any endorsement by, affiliation with, or approval of that third-party website and its resources.
These third-party websites and resources may have their own Terms and Conditions and Privacy Policies, and you acknowledge and agree that you are responsible for reviewing those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality, or accuracy of any content on third-party websites or resources. We accept no responsibility for any loss, damage, or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third-party websites or resources.
We may offer Services for purchase on our website. You acknowledge and agree that by making a purchase on QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, and QUANTUMHUMANDESIGN.COM, and QUANTUMREVOLUTIONPODCAST.COM, you are subject to these Terms and Conditions, including our refund policy.
- Services and Pricing.
Although we strive to be as clear as possible in describing our Services and listing their correct prices, you acknowledge and agree there may be inaccuracies on our website. The prices advertised on our website are subject to change. If a discrepancy in pricing is discovered, we will inform you as soon as possible and allow you to purchase at the correct price or cancel your purchase. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to change or discontinue any Services or features listed on the website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to change our prices at any time, with no notice required. Our Services are offered subject to acceptance of your order. We reserve the right to refuse to sell or discontinue to provide a Product or Services to you at any time without obligation to assign a reason for doing so.
- Financial Responsibility.
If you elect to purchase a Service and you make a payment through our website, your Personal Information, including (but not limited to) your full name, address, telephone number, email, method of payment, credit card number, and billing information may be collected by an authorized third party payment processor and by us. You agree that all information you furnish for such purposes will be accurate, complete, and up-to-date. You warrant and guarantee that you are an authorized user of the credit card or account you use to place your order and that sufficient funds are in your account to cover your purchase.
You acknowledge and agree that you are financially responsible for any purchases you make through our website or by another person authorized by you to act on your behalf. If it is discovered that you charged an unauthorized payment using a credit card or account belonging to someone other than yourself, you acknowledge and agree that you alone remain financially responsible for such purchases.
- Safety of Your Personal Information.
Although we take measures to safeguard your Personal Information, we make no guarantees or warranties regarding its safety or our ability to prevent its loss or misuse. You acknowledge and agree that we are not liable for any unauthorized access to or use of your information, regardless of negligence, failures, tort, breach of implied or express contract, or other causes of action, regardless of damages. You acknowledge and agree that in no event shall total liability exceed the price of the Services that you purchased from us, or if you have not purchased our Services, then in no event shall total liability exceed $100 to any one person or collective plaintiffs.
We may use third-party payment processors to complete the commercial transactions for the Services on our website. You acknowledge and agree that those third-party payment processors may have terms, conditions, and policies that are different from those that govern our website. You agree that we are not liable for any third-party payment processor’s terms, conditions, and policies.
You acknowledge and agree that by making a purchase on our website, you may also be subject to the terms, conditions, and policies of these third-party payment processors, and, by making such purchase, you agree to comply with their terms, conditions, and policies. We encourage you to visit their websites and read their policies prior to making any purchases on our website. You agree to release us, and any third payment processor we may use, from any claims for damages you may incur as a result of making a purchase from us, and agree not to file any claims against us or any third payment processor we may use, arising from your purchase through our website.
- Separate Purchase Agreement and Client Agreement.
When you purchase our Services, prior to completing your purchase, you will be presented with and asked to enter into a separate and additional agreement with us, either a Purchase Agreement or Client Agreement, depending on which Service you purchase (together “Additional Agreement”).
If you do not agree to that Additional Agreement, you will not be able to complete your purchase. If you do agree to that Additional Agreement, your purchase of the Service will constitute your acceptance and a new contract will be formed between us, which will govern that purchase, and you will be bound by that Additional Agreement. That Additional Agreement and all of its terms will be in effect alongside these Terms and Conditions, and both shall apply. In the event of any conflict between the two agreements, the Additional Agreement shall prevail.
- Payments and Delivery.
Prior to processing your payment, you authorize us to complete a standard authorization check to make sure your payment is valid. If your payment does not process fully, we reserve the right to refuse to complete your purchase. No order is deemed accepted by us until payment has been processed.
When you purchase a Service from us, we will email you to confirm the placement of your order and with details regarding product delivery. If there is any error in this email confirmation, you agree to notify us as soon as possible. For digital products, delivery is considered complete when your payment has been processed, and we have sent you your confirmation email with the Service’s download link, whether or not you have opened this email. For physical products, delivery costs will be added to the total cost and clearly displayed on your checkout page prior to purchase. Applicable taxes will also be clearly displayed on your checkout page prior to purchase. Any purchases you make on our website are subject to availability. Delivery times may vary according to availability and are subject to shipping delays for which we are not responsible.
We stand behind our Services, and your satisfaction is very important to us. Because we have invested significant time, education, creativity, and effort in creating our Services, our refund policy is as follows:
All sales are final, and no refunds will be given; for digital products, once the download or access link has been sent to you, no refunds will be offered.
Please be informed that for any purchases involving physical goods to be shipped outside the United States, the buyer is solely responsible for any and all customs duties, tariffs, or additional charges that may be incurred. By making a purchase, you acknowledge and accept that these potential international trade costs are your responsibility and not that of our company.
COURSE MATERIALS AND BONUSES
Users who purchase courses will receive course updates and have the ability to access materials for as long as the course is available. If the course will no longer be available, Company will make all reasonable efforts to inform User so all or part of the course materials can be downloaded to User’s computer.
Please note that any bonuses or additional features added to course purchases are subject to change without prior notice at our sole discretion. By making a purchase, you agree to this provision and understand that the nature or composition of these bonuses may alter at any time.
By using QUANTUMALIGNMENTSYSTEM.COM and FREEHUMANDESIGNCHART.COM, and QUANTUMHUMANDESIGN.COM, and QUANTUMREVOLUTIONPODCAST.COM, you agree in full to our Disclaimer, which can be found here
- General Disclaimer.
Our website and its Content are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on this website and your success with applying it. We do not guarantee any specific results through the use of our website and Content, and we do not make any guarantees regarding your success, whether legal, medical, financial, or otherwise, from the application of our website and its Content. Your decision to visit our website, use any of its Content, or purchase Services from us is voluntary, and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our website, it’s Content or our Services. 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 website and its Content, 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.
Should you choose to use our website and its Content or our Services, whether free or for purchase, you acknowledge and agree that under no circumstances will Quantum Alignment System, LLC be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our website, its Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our website, it’s Content, or our Services, whether now known or discovered in the future. You expressly agree not to make any claims against Karen Parker or Quantum Alignment System, LLC.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other website participant or user, including you.
- Legal and Financial Disclaimer.
Our website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. You acknowledge and agree that Karen Parker is not an accountant, lawyer, financial advisor, or other business professional and is not acting as such. All information relating to business, finances, and the law is for informational and educational purposes only and is not business, 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. Nothing on this website, its Content or in any of our Services is intended to be a substitute for professional advice of an accountant, lawyer, financial advisor, or any other expert regarding your specific situation. You are encouraged to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own specific situation pertaining to your legal, business, or financial needs.
- Medical, Health, and Mental Health Disclaimer.
Our website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. You acknowledge and agree that Karen Parker is not a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional and is not acting as such. All information relating to medical and health conditions, products, and treatments is for informational and educational purposes only and is not medical advice. The information provided through our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by a health professional, such as a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional. Nothing on this website, its Content, or in any of our Services is intended to be a substitute for a consultation with any such healthcare professional. You are encouraged to consult with your own health professional for any and all questions and concerns you have regarding your own specific situation pertaining to your health. You acknowledge and agree that any decision you make to use any information on our website or in our Services is voluntary, and you are solely responsible for your results.
- Technology Disclaimer.
We strive to ensure that the availability and delivery of our website and its Content are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time to allow for repairs, maintenance, updates, or other functions. By using our website, you acknowledge and agree that we make no guarantees or warranties regarding our website and its condition, including its functionality, the existence of viruses, uninterrupted use, and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy should our website or its Content become unavailable, slow, or incomplete for any reason. You agree that in the event of an interruption of access to our website, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our website, its Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our website and that we are not liable to you in any way for a decision to cease its operation.
- Errors and Omissions Disclaimer.
We strive to include the most up-to-date and accurate information on our website, its Content, and in our Services. You acknowledge and agree that information contained on our website, its Content, and in our Services may inadvertently include inaccuracies, errors, or omissions, and we expressly exclude any and all liabilities for these inaccuracies, errors, or omissions.
- Warranties Disclaimer.
WE MAKE NO WARRANTIES REGARDING OUR WEBSITE OR ITS CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY 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 WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.
You agree that you are using your own judgment in using our website, its Content, and our Services, and you acknowledge and agree that you are doing so at your own risk.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITE, ITS CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITE, ITS CONTENT, OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.
ADDITIONALLY, QUANTUM ALIGNMENT SYSTEM, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITE’S TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF QUANTUM ALIGNMENT SYSTEM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL QUANTUM ALIGNMENT SYSTEM, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL QUANTUM ALIGNMENT SYSTEM, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
You agree at all times to indemnify, defend and hold harmless Quantum Alignment System, LLC, as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, its Content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably, as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against us. You agree not to settle any third-party claim or waive any defense without our prior written consent.
You acknowledge and agree that we have the right, at any time, in our sole discretion, to refuse or terminate your access to our website, for any reason, without notice or requirement for an explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Minnesota as applied to contracts that are executed and performed entirely in Minnesota. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Hennepin County, Minnesota.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Hennepin County, Minnesota. You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of the law. You agree that any Arbitration must be commenced within one year of the date of the grievance or forfeited forever.
You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.
If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER.
All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via email, addressed as follows: firstname.lastname@example.org
If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.
CHANGES TO THESE TERMS AND CONDITIONS.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time, and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of this website after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.
If you have any questions regarding these Terms and Conditions, please contact us at email@example.com.
CERTIFICATION AGREEMENT FOR QUANTUM ALIGNMENT SYSTEM, LLC.
This Certification Agreement is entered into and effective on the date of purchase by and between Quantum Alignment System, LLC, a Wisconsin Limited Liability (“Company”), and any person or entity who applies to become Certified by Quantum Alignment System, LLC (hereinafter referred to as “Certificant”). This Certification Agreement outlines the relationship between Company and Certificant and defines how the parties will work together.
BY CLICKING ON THE “ACCEPT” BUTTON, CERTIFICANT IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT.
For good and valuable consideration, Certificant agrees to apply to become Certified by Company. In exchange, Company agrees to provide a Certification and affiliated services for Certificant, in alignment with Company’s role as an educational resource, with details as outlined below.
Company offers the following Certification Programs: Certified Human Design Specialist Level 1 Certification, Certified Human Design Specialist Level 2 Certification, Certified Human Design Specialist Level 3 Certification, Certified Human Design Specialist Level 4 Certification, Quantum Alignment System Practitioner Level 1 Certification, Quantum Alignment System Practitioner Level 2 Certification, Quantum Alignment System Practitioner Level 3 Certification, Quantum Human Design Family and Parenting Coach Certification, Quantum Human Design Relationship and Family Activation Certification, Quantum Human Design Lifecycle Analysis Certification and Quantum Alignment System Relationship Analysis Certification (collectively known as “Certification”) all of which teach the framework of Quantum Human Design and how to coach using its principles.
An applicant who successfully becomes Certified by Company as a Certified Human Design Specialist Level 1 Certificant, Certified Human Design Specialist Level 2 Certificant, Certified Human Design Specialist Level 3 Certificant, Certified Human Design Specialist Level 4 Certificant, Quantum Alignment System Practitioner Level 1 Certificant, Quantum Alignment System Practitioner Level 2 Certificant, Quantum Alignment System Practitioner Level 3 Certificant, Quantum Human Design Family and Parenting Coach Certificant, Quantum Human Design Relationship and Family Activation Certificant, Quantum Human Design Lifecycle Analysis Certificant or Quantum Alignment System Relationship Analysis Certificant (each referred to as “Certificant”).
ELIGIBILITY AND PREREQUISITES.
Certificant acknowledges and agrees that no known adverse claims, complaints, legal actions, or lawsuits are taken or pending against Certificant or Certificant’s business within the last five (5) years.
Certificant grants Company permission to verify Certificant’s documentation and experience. Company shall keep all such information confidential.
Certification prerequisites are provided in the course materials and must be successfully completed prior to consideration for Candidacy.
These prerequisites may change at any time, and Company will make all reasonable efforts to notify entering students of changes.
The cost of the Certification training varies according to type and level. All fees must be made in a timely fashion and kept current according to Certificant’s payment plan agreement(s).
Certification success will be determined by passing all quizzes and exams, providing any requested session notes, and audio and video recordings of sessions, if required. The program directors will make the final determination of pass/fail. These requirements may change at any time, and Company will make all reasonable efforts to notify students of changes in the process.
TERM AND MAINTENANCE OF CERTIFICATION.
Certification shall be valid for the life of the Certificant as long as Certificant remains in good standing.
In order to maintain good standing and all benefits, Certificant must abide by Company’s Code of Ethics, including upholding the agreement to not confer certification on clients, students, or event attendees. Certificant must abide by proper documentation and credit when using copyrighted materials owned by Company and/or Karen Curry Parker, uphold ethical coaching standards and industry guidelines, provide services consistent with competencies, refer to other credentialed experts when appropriate, be truthful about qualifications and limitations, provide services only within their expertise, safeguard client confidentiality, etc.
Certificant has read, understands, and consents to be bound by Company’s full Code of Ethics below (a copy of this Code can be found in Course materials):
CODE OF ETHICS FOR ALL CERTIFICANTS.
- Hold as Certificant’s highest priority the health, welfare, and self-determination of Certificant’s clients and others with whom Certificant becomes professionally involved, recognizing every client’s right to self-determination.
- Strive for excellence through ongoing assessment of Certificant’s personal strengths, limitations, and effectiveness.
- Perform only services for which Certificant is qualified, accurately representing Certificant’s credentials and qualifications.
- Do not diagnose, prescribe, or treat medical, mental health, or substance abuse disorders unless simultaneously licensed and credentialed to do so, making referrals to other healthcare professionals when and as appropriate.
- Respect all people’s inherent worth, dignity, and uniqueness, paying close attention to diversity, equity, inclusion, and belonging issues. This includes but is not limited to discrimination on the basis of age, race, gender expression, ethnicity, sexual orientation, religion, national origin, disability, or military status.
- Treat clients and colleagues with respect, communicating clearly and sensitively.
- Keep current in Certificant’s field and continually seek to expand effectiveness through continuing education.
- Conduct professional activities with integrity, honesty, and fairness.
- Abide by applicable laws governing services, such as local, state, and national, and global laws.
- Uphold client confidentiality, informing clients of exceptions, such as legal proceedings requiring disclosure and the obligation to disclose information to the proper authorities that might prevent clear and imminent danger to the client or others.
- Avoid dual relationships or exploitation of clients, recognizing the inherent power imbalance between coach-client relationships.
- Support Certificants health and resilience to offer the best as a professional.
- Keep appropriate records regarding the services provided.
- Build collaborative relationships with clients, clarifying roles and obligations.
- Remain alert to factors impacting the professional relationship, addressing them appropriately.
- Do not engage in sexual relationships with current clients.
- Use Certificants abilities ethically, only for the client’s benefit, and with consent at all times and in all phases of the relationship.
- Contribute professional time for little or no compensation when able.
- Act ethically, encourage ethical behavior in others, and consult on ethical issues as needed.
- Keep agreements and avoid unrealistic commitments.
- Foster safe and supportive learning environments when teaching.
- Accurately describe programs and presentations to prospective audiences.
- Recognize and honor the contributions and intellectual property of others, only claiming ownership of Certificant’s own material. Certificant understands that a breach of this standard may subject Certificant to legal remedy by a third party.
As a Certificant, in accordance with the professional expectations of the Quantum Alignment System, LLC. Certificant acknowledges and agrees to fulfill Certificant’s ethical and legal obligations to Clients, Colleagues, and the public.
Certificant agrees that in its sole discretion, Quantum Alignment System, LLC may hold Certificant accountable through sanction or revocation upon breach of any part of the Code of Ethics.
Company has the right to terminate this agreement and the Certificant’s Certification if it is determined that the Certificant has not upheld the above standards.
Certificant is granted the right to:
Use the certified title in marketing materials
- Use and reference Quantum Human Design images and language with proper attribution
- Professional students and Certificants of any program offered by Company may use the relevant language of Certificant’s program to market their business or to support their clients.
- Talk about it online, give proper credit, and use the Trademark symbol (™) (Proper credit can be simple. An acceptable example is: Quantum Human Design™ created by Karen Curry Parker).
- Teach classes as lead generation tools as long as there is no express or implied granting of certification.
- Receive course updates and access materials for as long as the course is available. If the course will no longer be available, Company will make all reasonable efforts to inform Certificant so the written materials can be downloaded to Certifcant’s computer.
Certificant must maintain a current Certification to be in good standing.
Certificant is prohibited from:
- Teaching any kind of professional or personal Certification Training using any Quantum Human Design™ or Quantum Alignment System, LLC proprietary course language.
- Publishing Quantum Human Design™ language in a book or any publication without written permission from Karen Curry Parker and the publisher.
- Translating any of Company’s content, including but not limited to Company’s books, ebooks, and report pdfs (collectively known as “Materials”), into another language without first obtaining written permission from Company and, when applicable, the Material’s publisher who owns the foreign rights. This prohibition applies even when working directly with Clients.
- Certificant may not use any form of Artificial Intelligence service, app, or bot to alter course materials, answer testing questions, or written test answers. AI may not be used to alter graphics or logo images provided to Certificant for advertising purposes.
Certificant acknowledges and agrees that Company owns all materials in the Certification training which are subject to Federal copyright protection and can only be used by the Certificant in good standing for the purpose of performing services.
Certificant agrees to secure email approval from Company prior to using any marketing materials or online web content displaying the Company logos.
Certificant acknowledges and agrees that all services provided to Certificant will not harm the reputation of Company, its products or services, will not employ deceptive, misleading, or unethical practices, will not make any representations, warranties, or guarantees to customers on behalf of Company, and will comply with all applicable federal and local laws and regulations.
Certificant may not teach commercial workshops or deliver training events that compete with Company’s Certification training.
All course Certifications are for coaching or practitioner services only, typically delivered one-to-one or with small groups. Coaching sessions or workshops of any size may never confer any sort of certification upon the attendees. To do so is a violation of this agreement and will result in termination of Certification.
Certificant must uphold the standards defined above. Company has the right to terminate this agreement and the Certificant’s Certification if it is determined that the Certificant has not upheld the standards listed above.
Certificant agrees to require every Client to agree to and sign Certficant’s liability waiver/release prior to the initiation of any services.
Certificant may read the waiver below and find a copy of the waiver in the Course materials:
INDEMNIFICATION AND HOLD HARMLESS.
Certificant agrees to indemnify, warrant, defend, and hold Company harmless from any and all claims, legal actions, liabilities, demands, expenses, damages, and costs, including attorney’s fees, that are connected in any way to Certificant participation in the Event. This includes, but is not limited to, claims for personal injury, disability, death, and property loss, regardless of the person or entity at fault. Certificant further agrees to reimburse the Company for any and all expenses incurred because of any such claims made against them, including any appeals. In the event of Certificant’s death or disability, these terms will be binding on Certificant’s estate, heirs, representatives, and assigns.
Certificant acknowledges and agrees that Certificant has read this Agreement, and Certificant understands that by accepting it, Certificant is giving up certain rights, including but not limited to Certificant’s right to sue. Certificant acknowledges and agrees that Certificant is entering into this Agreement freely and voluntarily. Certificant acknowledges and agrees that Certificant’s acceptance of this Agreement is intended as an unrestricted and complete release of all liability to the fullest extent permitted by the law.
Company will provide reasonably required customer support on a timely basis via email during regular business hours, 7 a.m. to 4 p.m. Central Standard Time.
Company will not exert a significant degree of control over the Certificant’s method of operation, including but not limited to business organization, promotional activities, management, marketing plan, or business affairs, nor will Company give significant assistance to Certificant’s in method of operation, including, but not limited to, business organization, promotional activities, management, marketing plan, or business affairs, except in the event that Certificant’s activities do not meet the standards of a Certification as outlined above.
Company will provide a liability waiver/release for client acceptance before initiating any services. This waiver is provided inside your course materials.
THIRD-PARTY INDEPENDENT SERVICES.
Throughout the Certification, Quantum Alignment System, LLC, may use independent third-party companies and independent contractors to provide Certification-related services and activities, including, but not limited to, presenting guest experts at the group sessions (“Independent Services”). Certificant acknowledges and agrees that Quantum Alignment System, LLC is in no way responsible for any bodily injury, personal injury, accidents, illnesses (including death), and property loss arising from such Third Party Independent Services.
Company does not control any Third Party parties and makes no claim or representations regarding Third Parties and their services. There is no implied affiliation or endorsement by Company of these Third Parties and their services.
Company acknowledges and agrees that Certificant may form relationships and business relationships with other members of the group. While Company fosters an atmosphere of sharing and relationship building, any relationships and transactions between two or more members are outside the scope of this Agreement and Certificant relationship with Company. Quantum Alignment System, LLC expressly disclaims liability for any results or non-results from these relationships and transactions. Company has a strict policy not to discuss any relationships and transactions between two or more members of the Certification.
Certificant may not promote Certificant’s own business unless within the Certification parameters and with proper credit given when using Company materials.
NON-DISCLOSURE AND CONFIDENTIALITY.
Certificant understands that this Certification may include access to Company’s intellectual property, original work, trade secrets, and other proprietary information, including but not limited to documents, worksheets, written templates, modules, video recordings, audio recordings, strategies, technical information, verbal guidance, and other published or unpublished information.
Certificant agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit except within Certifcation parameters, disclose to third parties, or copy any of Company’s Information and agrees that doing so is in direct violation of this Certification Agreement.
Certificant understands this non-disclosure provision survives the Termination of this Certification Agreement in perpetuity, and Company reserves the right to prosecute any such violation to the full extent of the law. This Non-Disclosure and Confidentiality provision shall not apply to information that is or becomes publicly available without breach of this agreement by Certificant.
By participating in any Certification course, Certificant may share private and confidential information with Company and other Certificant in the group program (“the Group”). Company agrees not to disclose such confidential information to anyone not in the Group. Certificant may authorize Company to disclose such information in writing.
A reserved exception to this is if Company is legally required to disclose information shared by Certificant or if Company has a good faith reason to believe that disclosing such information is necessary to protect Certificant, Company, a third party, or to respond to an emergency. In such an event, Company will limit the disclosure to essential information only.
Certificant also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Certificant agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit, or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of this Certification Agreement. Certificant understands that this non-disclosure provision survives the Termination of this Certification Agreement for a period of five (5) years, and a third party may prosecute any such violation to the full extent of the law. Certificant agrees to hold Company harmless from any such action taken by a third-party against Certificant.
A competing business is defined as any business that provides Certification Services that are the same or similar to Quantum Alignment System’s Certification Services (“Competing Business”).
In exchange for participating in any of Company’s Certification programs, Certificant is expressly agreeing, in perpetuity, not to offer any form of Certification that is directly or indirectly connected to or derivative of any training offered by Quantum Alignment Systems, LLC. Certificant further agrees, in perpetuity, not to directly or indirectly engage with, advertise, or imply connection with any business, including Certificant’s own business, that directly or indirectly connects to or is derived from any training offered by Quantum Alignment Systems, LLC. This Non-Compete provision is applicable worldwide.
Directly or indirectly engaging in a competing business offer includes, but is not limited to, engaging in or becoming interested in a Competing Business as owner, co-owner, director, officer, consultant, independent contractor, employee or agent, soliciting Company’s customers for a Competing Business and hiring, working alongside or partnering with any current or past co-owner, director, officer, consultant, independent contractor, employee or agent of Company.
Certificant acknowledges and agrees that a breach of this Non-Compete covenant, resulting in a prohibited engagement or involvement by Certificant in a Competing Business, will cause irreparable and continuing damages to the Company for which monetary damages will not be a sufficient remedy. Therefore, the Company shall be entitled to injunctive or equitable relief plus monetary damages, if appropriate, without waiving any other rights or remedies in a court of competent jurisdiction.
Certificant expressly agrees that this Non-Compete covenant will not adversely affect Certificant’s livelihood.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Certification, unless otherwise stated, including but not limited to documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Certificant or specifically created for Certificant.
By participating in Certification, Certificant is granted one limited, revocable, non-transferable license to view, read, download, print, and use the materials and content in the Certification, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Certificant agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.
If a violation of this provision is discovered or suspected, Certificant understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Certificant’s access to the Certification, without refund and reserves the right to prosecute such infringement to the fullest extent of the law.
Certificant acknowledges and agrees that Company owns all materials and training and can only be used by a Certificant, in good standing, for the purpose of Certifcant’s Certification and delivering related services.
A Certificant in good standing has the non-exclusive, nontransferable right to use the specific title related to Certificant’s Certification, including Company’s logo and other trademarks, for marketing purposes only, in connection with Certificant’s Certification services. Company’s intellectual property may not be used in any manner whatsoever other than as outlined here. No right to file any application to register any trademark, service mark, domain name, or company name for Certificant or Certification has been granted and is herein expressly denied.
Certificant may terminate and discontinue this Certification Agreement at any time, for any reason, by providing notice to Company in writing; however, no fees will be reimbursed. Upon termination, Certificant must immediately cease using all of Company’s materials including intellectual property, and return any of Company’s property, if requested. All Non-Disclosure, Confidentiality, and Non-Compete clauses survive the termination of this Certification Agreement regardless of fault, cause, or reason.
Company may terminate this Certification Agreement if it is determined that there was any breach of this Certification Agreement by Certificant. In this event, Company shall provide Certificant with written notice of termination of this Certification Agreement. In the event of a breach of this Certification Agreement by Certificant and subsequent termination, no fees will be reimbursed, and all Certifications will be immediately revoked. Upon termination, Certificant must immediately cease using all of Company’s materials, including intellectual property, and return any of Company’s property, if requested. All Non-Disclosure, Confidentiality, and Non-Compete clauses survive the termination of this Certification Agreement regardless of fault, cause, or reason.
If Company is unable to provide Certification, Company or Company’s agents will contact Certificant to reschedule or offer an alternate Certification. If no suitable alternative is available, Certificant may be entitled to a partial refund, which may be pro-rated depending on the nature of the Certification, at Company’s discretion on a case-by-case basis.
Company’s refund policy is as follows:
We stand behind our Services, and your satisfaction is very important to us. Because we have invested significant time, education, creativity, and effort in creating our Services, our refund policy is as follows:
All sales are final, and no refunds will be given; for digital products, no refunds will be offered once the download or access link has been sent to you.
Certificant understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.
Certificant further understands that if Certificant cannot participate in the Certification, all payments are still due under this Certification Agreement. Any chargeback or threat of chargeback made by Certificant will result in immediate termination of Certificant or Certificant Candidate’s’ access to the Certification and an additional $500 fee to Certificant.
Certificant acknowledges and agrees that rescheduling the timeframe of the Certification commitment will be addressed on a case-by-case basis. If Certificant cannot participate during the agreed-upon time frame, Certificant will submit a request for rescheduling in writing to Company, and Company will, in its sole discretion, make the decision, with no explanation due to Certificant or may choose to provide a written explanation.
Company may capture photographs, video recordings, audio recordings, or other archives as part of the Certification (“Media”). Certificant understands a third party may be responsible for capturing the Media. Certificant grants to Company, as well as its affiliates, agents, employees, licensees, or any other party acting on its behalf, the irrevocable, worldwide, unlimited right in perpetuity to use Certificant’s name, likeness, image, voice, recorded voice, video appearance, biographical information, words, statements, performance, and testimonials that are captured at the event (“Certificant’s Information”) as Media, for publicizing and promoting the Company and its services, or for any other lawful purpose. This grant includes the right to copy, publish, edit, distribute, and use in commerce, Certificant’s Information, printed publications, multimedia presentations, websites, or any other distribution media, now known or later developed. Certificant’s Information will become the property of Company, and Certificant will not be compensated in any way for the use of Certificant’s information. Certificant waives the right to inspect or approve any Media or finished product wherever Certificant’s Information appears.
Certificant agrees to hold harmless and release Company, as well as its affiliates, agents, employees, licensees, or any other party acting on its behalf, from any and all claims or causes of action arising out of the use of Certificant’s Information, including but not limited to, claims for libel, defamation, invasion of privacy, right of publicity, misappropriation or misuse of image.
Company may request Certificant to provide a testimonial on the Certification. Certificant understands that there is no requirement to provide such a testimonial and further understands that if Certificant declines to provide such a testimonial, there will be no negative consequences or change in the relationship between Company and Certificant.
If Certificant chooses to provide a testimonial, it will be purely voluntary, at Certificant’s own discretion. Certificant understands that the testimonial, along with Certificant’s identifying information, may be used in Company’s marketing and promotions, with no financial compensation to Certificant, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Certificant agrees to sign a Testimonial Release if requested by Company.
THE NATURE OF THE RELATIONSHIP OF THE PARTIES.
Nothing in this Agreement shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship.
Company and Certificant each represent that they are fully authorized and empowered to enter into this Certification Agreement and that the performance of the obligations under this Agreement will not violate or infringe upon the rights of any third-party, or violate any agreement between the parties and any other person, firm or organization or any law or governmental regulation.
Company and Certificant each acknowledge and agree that this Certification Agreement is not exclusive in any way, and each is free to enter into similar contracts with similar services, so long as such contracts in no way interfere with the ability of either party to perform under this Certification Agreement.
During and after the term of this Agreement, Company and Certificant each agree to refrain from any conduct or communications of a defamatory or disparaging nature, whether private or public, regarding the other to any third party.
NO GUARANTEES, NO WARRANTIES.
Certificant participates in this Certification voluntarily and understands that Company makes no guarantees regarding Certificant’s results with this Certification. Company does not guarantee that Certificant will obtain any results or earn any money from the practice of any Quantum Alignment System LLC’s knowledge, techniques, or skills.
Certificant acknowledges and agrees that Company is not responsible. Certificant does not have a cause of action, legal remedy, or an entitlement to a refund if Certificant does not achieve the desired result upon completion of the Certification. Certificant agrees that Company is not responsible if there are errors or omissions in the Certification or any of its materials.
The Certification is provided “as is” and, except for the express warranties in this Certification Agreement, is offered with no warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Certificant agrees not to hold Company responsible if Certificant becomes dissatisfied with the Certification. The Certification is intended for a general audience and is not in any way specific advice tailored to any individual.
The Certification is designed to support Certificant in reaching Certificant’s goals. Still, success depends on many factors, including but not limited to Certificant’s motivation, dedication, starting point, willingness to learn, business acumen, work ethic, commitment, etc. Certificant understands that these factors will impact results. Certificant also understands that the Certification offers guidance, direction, and program materials but does not actually implement anything for Certificant.
Certificant is solely responsible for producing results.
Nothing in the Certification is intended to constitute or should be relied upon as medical, mental health, financial, business, or legal advice. Company provides information and education. Certificant understands that Company does not diagnose, treat, heal, cure, or prevent any illness, medical condition, or mental or emotional condition, and nothing in the Certification is intended to diagnose, treat, heal, cure, or prevent any illness, medical condition, or mental condition.
Company is providing services only in the capacity of education and not as a licensed healthcare professional, licensed mental health professional, or licensed business professional. Nothing in the Certification is intended to be a substitute for consultation with a licensed healthcare professional, licensed mental health professional, or licensed business professional. Certificant is encouraged to consult with a licensed healthcare professional, mental health professional, or business professional to review and advise Certificant on Certificant’s specific situation.
This Certification is in no way to be construed as psychological counseling, therapy, or medical advice.
Quantum Alignment System, LLC does not guarantee that Certificant will obtain any results or earn any money. Nothing in the Certification is a guarantee or promise of future earnings. Company does not provide investment recommendations, investment counseling, accounting services, or financial planning/tax advice.
FULL DISCLAIMER INCORPORATED BY REFERENCE.
Certificant has read, understands, and consents to be bound by Company’s full Disclaimer, located at https://quantumhumandesign.com/disclaimer and https:/quantumhumandesign.com/terms-and-conditions
which are incorporated here.
ASSUMPTION OF RISK.
Certificant is entering into this Certification voluntarily of Certificant’s own free will. Certificant understands that the Certification may include participation in financial, business, career, or lifestyle strategies, which include inherent risks of harm, injury, and other negative results. Certificant confirms that during participation in this Certification, Certificant will always have the opportunity to consult with a licensed business professional or mental health professional before acting on any content of the Certification. If Certificant chooses not to consult with other licensed professionals and chooses to act on any content in the Certification, Certificant agrees that Certificant is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.
LIMITED LIABILITY, INDEMNIFICATION.
Certificant agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from this Certification Agreement or the Certification, including any losses, financial losses, injuries, or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. Certificant expressly acknowledges and agrees that in no event shall Company’s liability exceed the fees paid under this Certification Agreement.
Certificant agrees at all times to indemnify, defend, and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages, or expenses, as well as third-party claims, including attorneys’ fees and expenses, arising out of or related to this Certification Agreement or Certification.
Quantum Alignment System, LLC shall not be liable for any costs or damages due to delay or nonperformance of this Certification Agreement due to a Force Majeure, including acts of God, acts of people, government imposed restrictions and safety measures, quarantines, travel suspensions, and any other event beyond Quantum Alignment System, LLC’s control, whether foreseen or unforeseen.
This Certification Agreement shall be construed in accordance with and governed by the laws of the State of Wisconsin as applied to contracts that are executed and performed entirely in Wisconsin. Vernon County, Wisconsin, shall be the exclusive venue for any legal proceeding based on or arising from this Certification Agreement.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise between Certificant and Company, both parties agree to put forth their best efforts to resolve the dispute amicably between the parties. Certificant agrees that the only remedy available to Certificant shall be a return of Certificant’s monies paid to Company for Certificant’s Certification. Certificant expressly agrees such remedy shall not exceed the price of monies paid for Certificant’s Certification. In the event of a return of Certificant’s money, Certificant shall be deemed whole and complete, and no other remedy shall be available. Certificant acknowledges and agrees that Certificant is hereby waiving the right to bring a legal action, in court or otherwise, regarding any dispute with Company in connection with Certificant’s Certification or this Certification Agreement.
Certificant understands that any dispute must be disclosed and resolved within one year of the grievance date or forfeited forever.
Certificant understands that the only remedy that can be awarded is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, OR ADDITIONAL DAMAGES MAY BE AWARDED TO CERTIFICANT.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT.
Certificant and Company agree that this Certification Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings, or proposals. Certificant understands that any expectation regarding the Certification, which is not specifically included in this Certification Agreement, is not included in the Certification.
Certificant agrees that no waiver of any of the provisions of this Certification Agreement shall be deemed or shall constitute a waiver of any other provision of this Certification Agreement, nor shall any waiver constitute a continuing waiver.
Certificant agrees that this Certification Agreement is not to be altered, amended, extended, or considered waived in any way, except in writing, with an additional Addendum, signed by both Certificant and Company or by an authorized signatory for either party.
Company reserves the right to modify the rules governing Certification at any time and has the power to revoke any Certificant’s Certification for violating these rules. All Certificants will be notified in writing of any changes and will be asked to accept or reject the changes within ten (10) business days. If Certificant does not respond, Company will presume the changes are accepted. If Certificant rejects the changes, the Certification will automatically terminate.
If any term of this Certification Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
This Certification Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
All notices, requests, demands, and other communications regarding this Certification Agreement shall be in writing, via electronic mail sent to firstname.lastname@example.org or sent via the US mail, addressed as follows:
Quantum Alignment System, LLC
10940 S. Parker Rd. Suite 119 Parker, CO 80134
Certificant and Company agree that click-wrap signature is a valid form of signature for this Agreement, and upon clicking the box at checkout, Certificant consents to be bound by all the terms of this Certification Agreement.