TERMS AND CONDITIONS
Last Revised: September 29, 2017
These Terms and Conditions govern your use of this website. By accessing this website, you are acknowledging and accepting these Terms and Conditions. These Terms and Conditions are subject to change by The Theo Group, Inc. (hereinafter “COMPANY”) at any time and at our discretion without notice. Your use of this website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use this website.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
For Live Events, please see the Section on LIVE EVENT TERMS for additional terms that apply to you.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
You may download material (one copy) from this website for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from such material. As noted above, any other reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.
- ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- PAYMENT AND REFUND POLICY
When scheduling a session and/or booking a private event appearance with COMPANY, signing up for COMPANY’s subscription service, or purchasing audio files or other programs from COMPANY’s website, you agree to the following payment Terms and Conditions:
A. Payments - All payments for subscriptions with COMPANY must be made online using a debit or credit card. All payments for private sessions with Sheila and COMPANY must be completed upfront using a debit or credit card, and once payment is received then COMPANY will schedule an appointment during Sheila’s office hours. Company often offers 3, 6, or 12-month payment plans from time to time depending on the program. If you have completed a program but still have remaining payments owed under a payment plan, those payments are still due as scheduled. A deposit payment for private events or speaking engagements with Marcus, Sheila or COMPANY must be made to the COMPANY on the date of booking.
B. Refunds -All payments for sessions with Sheila and COMPANY are final and non-refundable. Payments for private events with COMPANY are final and non-refundable. All payments for any mentoring programs with Sheila and COMPANY are final and non-refundable. Once payment is received and audio product download links are made available to the client, all payments are final and non-refundable. Subscriptions with COMPANY require an initial monthly installment. If the client cancels their subscription membership, all previous payments are final, access to the site will end at the conclusion of that transaction month, and no further transactions will occur.
C. Credits and Re-scheduling -If an individual private session is postponed or re-scheduled by the COMPANY, the client’s payment will be fully honored for a new date at the earliest possible time. Downloadable products, private sessions, live and web events are non-refundable. COMPANY will allow a client to postpone a private session one time if the client notifies the COMPANY 7 days prior to the appointment date. COMPANY will address health-related emergency cancellations on a case by case basis. If you have postponed your session with the 7-day prior notice and have decided you do not want the session you may obtain a credit toward other services or products of COMPANY or you can gift your session to a person of your choice.
- PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
- For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
- For products that you purchase from us that are delivered through a membership site, you will be given a username and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without written permission.
- Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.
- Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
- COMPANY reserves the right to discontinue or modify without notice or liability, any portion of this website.
- You affirm, represent, and warrant that your participation on this website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
- You understand and agree to not place an unreasonable burden on the server hosting this website or membership site, to not interfere with the running of this website and to not attempt unauthorized access to any portion of this website.
- You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
You agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
- MEDICAL DISCLAIMER
A. No Medical Advice
This website contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.
B. Limitation of Warranties
The medical information on this website is provided "as is" without any representations or warranties, express or implied. COMPANY makes no representations or warranties in relation to the medical information on this website.
Without prejudice to the generality of the foregoing paragraph, COMPANY does not warrant that:
- the medical information on this website will be constantly available, or available at all; or
- the medical information on this website is complete, true, accurate, up-to-date, or non-misleading
C. Professional Assistance
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
Nothing in this medical disclaimer will limit any of COMPANY’s liabilities in any way that is not permitted under applicable law or exclude any of COMPANY’s liabilities that may not be excluded under applicable law.
- THIRD PARTY REFERENCES / HYPERLINKS
This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
- CONTACTING US
If you need to contact us, you can email us at [email protected], call us at (720) 344-2932, or send us a letter at: ATTN: The THEO Group Privacy Administrator, The THEO Group, 23233 N. Pima Road Suite 113-270, Scottsdale, AZ 85255.
- DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website.
- SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to this website and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona. You hereby consent to binding arbitration in the State of Arizona to resolve any disputes arising under this Terms and Conditions.
- ARBITRATION OF DISPUTES
(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of this website or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Los Angeles County, California. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Los Angeles County, California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.
- CLASS ACTION WAIVER
ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
- NOTIFICATION OF CHANGES
COMPANY reserves the right to modify the Terms and Conditions at its discretion. Any such revision or change will be binding and effective immediately after posting of the revision on COMPANY’s websites. You agree to periodically review the websites, including the current version of the Terms and Conditions made available on Asktheo.com. If at any point COMPANY wishes to use your personal information in a manner different from that stated at the time it was collected, COMPANY will notify you by means of an e-mail and give you the opportunity to indicate whether you consent to the proposed use.
- LIVE EVENT TERMSA. When These Terms Apply. These Live Event Terms apply to any events (the “Event”) that the Company holds that the Participant participates in. If an additional Live Event Terms and Conditions document is physically signed at the Event, and if any conflict arises between this online Live Event Terms and the additional Live Event Terms that is physically signed, then the physically signed version shall govern.B. Liability Waiver. Participant shall be legally responsible for his or her own safety and behavior in connection with the Event. Participant hereby accepts all risks to Participant’s health and of injury that may result from participating in the Event. Participant agrees that if Participant has any medical or psychological conditions that may hamper Participant from fully and healthfully participating in the Event, that Participant shall notify the Company in writing of those conditions and that the Company retains the right to ask that Participant not participate in portions, or the entirety, of the Event.
C. Recording and Photo Waiver. Company reserves the rights, permissions, and uses to all recordings associated with the Event (including audio, video, and photography). The Company (and those acting with the Company’s authority and permission) have the irrevocable and unrestricted rights to use, re-use, publish, and re-publish audio, video or photography of any event associated with the Event, in whole or in part without restriction which may include participant’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further notice or compensation to participant for the use of such use.
D. Use. Participant shall only use the Event information and tools, processes, strategies, training, products, information and other materials associated therewith (the “Materials”) for Participant’s own personal use. Participant understands that the Event and Materials are confidential, copyrighted, proprietary to, and owned by, the Company. Participant shall not record, duplicate, distribute, teach or train from the Materials in any manner whatsoever. The Company retains all rights to title and structure, sales format and copy, content, processes, terminology, materials and artifacts given in this event. Structure and materials created for The THEO Soul Integration™ process are for Participant’s individual use; All concepts, teaching and guidance given by THEO are proprietary information and the intellectual property of Company; Individuals should consult a qualified health care provider for medical advice and answers to personal health questions
E. No Negative Statements or Actions. Participant shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libelous or slanderous to, any of the Released Parties.
F. No Professional Advice. While the Company hopes and believes that the Event will benefit Participant, Participant understands that the Company and its owners, directors, officers, employees, agents, successors and assigns (the “Related Parties”) do not offer any professional, personal, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional advice and neither the Event or Materials should be deemed such advice. The Event and Materials do not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional fields. Participant acknowledges that if Participant is under the care of medical or other professionals that the Event and Materials are not intended to violate or otherwise conflict with the advice of such medical or other professionals and that Participant shall not use any Materials in any manner that conflicts with the advice of Participant’s medical or other professionals.
G. General Disclaimers. While the Company hopes and believes that the Event and Materials will be beneficial to Participant, the Event and Materials are provided “as is” and the Company and its Related Parties (the “Released Parties”) do not make any representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose relative to the Event and associated Materials. Nothing associated with the Event or Materials shall constitute any kind of representation, warranty, promise or guaranty of specific health, personal relationships, financial or other results, profitability, earnings, investments, outcomes or successes. Participant’s success in obtaining certain results may depend on a number of factors including market conditions and Participant’s skill, knowledge, ability, dedication, business savvy, and financial situation. Participant acknowledges that Participant is solely responsible for Participant’s actions and results in life and business. Any forward-looking statements associated with the Event or Materials and/or the Released Parties are simply statements of possibilities, not representations, warranties, promises or guaranties.
H. Limitations on Liability. Participant hereby assumes liability for, releases, waives, defends and indemnifies the Released Parties from and against any and all liabilities, actions, claims and/or expenses, including attorneys' fees and costs, incurred at any time directly or indirectly, entirely or in part by Participant or its Related Parties in connection with the Event, the Materials, or the Released Parties (collectively, the “Released Matters”). The Released Parties shall not have any personal, recourse and/or deficiency liability in connection with the Released Matters. The Released Parties shall not have any liability for consequential, special, exemplary, punitive damages or other damages in addition to actual compensatory damages, as those actual compensatory damages may be further limited by contract or applicable law regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. If the Released Parties are ever deemed liable for any actual compensatory or other damages, those damages shall be limited to the amount that the Company actually received from Participant for the Event.
I. Miscellaneous. Participant shall pay all amounts and perform all obligations due to the Company in connection with the Event. A Document may be modified only in a writing signed by the Parties thereto. The prevailing Party shall be entitled to be reimbursed by the non-prevailing Party for all costs, including collection, court and attorneys’ fees and expenses, incurred by the prevailing Party in any action or defense involving the Documents. If any portion of the Documents is held to be unenforceable, any enforceable portion thereof and the remaining provisions shall continue in full force and effect. The interpretation and enforcement of the Documents shall be governed by California law without giving effect to those principles of conflict of laws that might otherwise require the application of the laws of another jurisdiction. No rule of strict construction shall be applied against any Party. The Parties have read the Documents and have executed them voluntarily after having been apprised of all relevant information and risks and having had the opportunity to obtain legal counsel of their choice. In the event of any conflict between the terms of the Agreement and those of any document entered into or other communication prior to the Agreement, the Agreement shall govern. The Documents may be enforced by rights and remedies in law and in equity, including injunctive relief, and all of such rights and remedies shall be cumulative. In the event that any legal action is instituted in connection with the Documents, the same shall be brought and tried in the judicial jurisdiction where the Company’s principal office is located. Participant represents and warrants that Participant is duly authorized to enter into the Documents and that the Documents constitute the legal, valid, binding, and enforceable obligations of Participant. The terms in this Section and all indemnifications, releases, representations, warranties, confidentiality covenants and limitations upon liability in the Documents, if any, shall survive the termination of the Documents for any reason. The Agreement, together with the documents referred to herein, set forth the only and entire agreement between the Parties respecting the subject matter set forth herein; and all prior agreements, whether oral or written, shall be deemed terminated and of no further force and effect.