Terms of Use
ACCEPTANCE OF TERMS
DragonFly South, LLC DBA The Wide Awakening are known as the “Company.” The Company is dedicated to providing outstanding products and services made available through www.TheWideAwakening.com and its affiliated websites (the “Site”). The products and services the Company provides to you through the Site are expressly and unconditionally subject to the following Terms of Use (“TOU”). The Company reserves the right to update the TOU at any time and without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the www.TheWideAwakening.com home page. The TOU are applicable to and govern your use of any Services or Content (as defined below) made available on the Site or as made available on any other website to which you are directed to through a hypertext link or other link provided by the Company on the Site. Please be aware the any website to which you are directed to a hypertext link or other link provided by the Company on the Site may contain separate terms and conditions or other policies that may be different from these TOU and which are expressly applicable to the services and products provided by the website.
DESCRIPTION OF SERVICES.
Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services and other information to participate in one or more communication forums (collectively referred to as the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of other Site properties, are subject to this TOU.
NOTICE SPECIFIC TO DOCUMENTS AND OTHER INFORMATION POSTED ON THE SITE.
As mentioned above, the Site and its related properties provide certain users with the opportunity to participate in one or more communication forums as part of the Services. The Company grants permission to view, access and/or use Site video content, documents (such as white papers, press releases, data sheets, FAQs, PDF files, etc.) and other materials (the “Content”) from the Services provided that (1) your use of the Content made available through the Services or the Site does not violate the terms and conditions of these TOU, (2) your use of the Content made available through the Services or the Site is informational and non-commercial/personal use only and it will not be copied to or posted on any network computer, website, unaffiliated communication forum, social network or otherwise broadcast in any form of media. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The above-specified Content does not include the design or layout of the Site or any other material owned, operated, licensed or controlled through the Site. Elements of the Site are protected by copyright, trade dress, trademark, unfair competition and other governing laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by the Company.
The Company and/or its respective affiliates, service providers and suppliers make no representations about the suitability for any purpose of the information contained in whole or in-part in any content and/or as represented in any related graphics published as part of the Services. All such Content and related graphics are provided on an “as is” basis and without warranty of any kind. The Company and/or its respective affiliates, service providers and suppliers hereby disclaim all warranties and conditions of merchantability (whether express, implied or statutory), fitness for a particular purpose, title and non-infringement. In no event shall the Company and/or its respective affiliates, service providers and suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use, dissemination, viewing, response to or performance of any Content, information, product, data, merchandise, graphic image or other media represented on, purchased through or related to information posted on or disseminated in connection with the Site or the Services made available on the Site.
The Content, information, listings, postings, communications and related graphics published or otherwise disseminated or viewed in connection with the Services could include technical inaccuracies, typographical errors, or misstatements of condition, quality or otherwise. The Company is not responsible for, and makes no representations, warranties or assurances concerning information posted on, available through or otherwise acquired, purchased, exchanged or hypothecated through use of or related to the Services made available on the Site in any manner.
LIMITATION OF LIABILITY FOR SERVICES MADE AVAILABLE ON THE SITE.
In no event shall the Company and/or its respective agents, affiliates, service providers, suppliers or subsidiaries be liable for any actual, special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use of, transaction with third parties based on postings, listings, Content or other information available through or in connection with the Services accessible through the Site. You expressly agree that the laws of the Province of Ontario, without regard for any applicable conflict of laws principles, shall apply to any dispute concerning your use of the Services, Content or any other matter related to the Site. You further expressly agree and consent to the exercise of personal jurisdiction in the State of Nevada for any dispute concerning your use of the Services, Content, the TOU or any other matter relating to the Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You may also be required to select a password and/or a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company of any unauthorized use of your account or any breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use the account or password of any other member or user of the Services made available on the Site without the express permission of said member or user of the Services.
NO UNLAWFUL OR PROHIBITED USE OF CONTENT AND SERVICES.
As an express condition of your use of the Services and Content made available on the Site, you agree not to use the Services and Content for any purpose that is unlawful or prohibited by the TOU or any other terms, conditions, and notices issued by the Company that are related to Site. You may not use the Services and/or Content in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the Services and/or Content. You may not attempt to gain unauthorized access to any Services, Content, other accounts, computer systems or networks connected to any server or to any of the Services and/or Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any deceptive means or acts of misrepresentation, falsehood or fraud through use of the Services and/or Content.
USE OF SERVICES AND CONTENT MADE AVAILABLE ON THE SITE.
The Services and Content made available to you may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another’s computer or property of another;
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to for the same;
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Advertise or offer to sell or buy any goods or services through acts of deception, misrepresentation, fraud, or through the nondisclosure or withholding of material information related to the offered, sold or purchased goods or services;
- Use any material or information, including images or photographs, which are made available through the Services and/or Content in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including e-mail addresses;
- Violate any applicable laws or regulations;
- Use download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; and
- Create a false identity for the purpose of misleading others.
The Company has no obligation to monitor the Communication Services or material posted on, listed on or otherwise disseminated through the Services. The Company, however, reserves the right to review materials posted to the Communication Services and to remove any and all material appearing on the Site with or without cause in its sole and absolute discretion. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, appearing on the Site in its sole and absolute discretion. The Company does not control or endorse the content, postings, listings, messages or information found in any Communication Services or related to the Services and Content and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and/or with regard to the Services and/or Content and any action resulting from your participation in any Communication Services, the Services and/or Content.
The company may upload Content or other material to the Communication Services and may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Any user-uploaded materials are strictly subject to the conditions set forth in these TOU.
MATERIALS SUBMITTED TO OR POSTED ON THE SITE.
The Company claims ownership and related rights of and to the Content, Services, graphical design, layout and related aspects of the Site. The Company does not claim ownership of the materials, information, posting, listings or other information provided to the Site (including feedback and suggestions) or posted, uploaded, imputed or submitted by third party users and/or members in connection with any Services, Content, Communication Services or associated services made available to the general public, membership community, Site visitors or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting the Company, its affiliate companies and necessary sub-licensees permission to use your Submission in connection with the Services and Communication Services, including, without limitation, an express right of license to: (1) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; (2) to publish your name in connection with your Submission; and (3) the right to sublicense such rights to any subsidiaries, respective agents, affiliates, service providers or suppliers associated with the Services made available on the Site.
No compensation or commission will be paid by or otherwise owed by the Company to you with respect to the use of the Services, any Submissions or Postings. The Company is under no obligation to post or use any Submission you may provide for dissemination on the Site or through the Communication Services. The Company may remove the entirety, or any portion thereof, of any Submission and/or Posting at any time in its absolute and sole discretion for any reason whatsoever.
By Posting and/or making a Submission for dissemination on the Site or through the Communication Services, you expressly warrant and represent that you own or otherwise control all of the rights to the information, Content or other material contained in or associated you’re your Submission as described on these TOU including, without limitation, all the rights necessary to lawfully and without liability provide, post, upload, input or facilitate a Submission and/or Posting.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Images, if any, has provided consent to use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting or making a Submission containing Images, you are granting express permission to view the Images in connection with the use, as permitted by these TOU, of any of the Services and Communication Services made available on the Site to (a) all users of the Services and/or Communication Services and/or (b) to the general public (for each such Image made available or otherwise disseminated in connection with any of the Services, Communication Services or anywhere on the Site). No compensation or commissions will be paid by the Company, or to any user of the Services or the Site, with respect to your use, Submission or Posting of Images unless otherwise agreed to in writing.
PARTICIPANT PHOTO, VIDEO
AND AUDIO RECORDING RELEASE
Participants in any program, event or promotional video/audio with Dragonfly South LLC dba The Wide Awakening, Jennifer Hough and all their partners, agents, subcontractors and all other affiliates operating on their behalf , hereby referred to as “The Company”, and as part of the role of participant by you to said Company, you give your consent to the photographing and video recording of myself and to the audio recording of my voice.
The Company is hereby authorized to use or cause to be used any resulting still photographs, motion picture footage, or recordings of my voice, as well as my name, in advertising, publicity, or commercial or other business purposes. Said photographs and/or recordings may be used singularly or in conjunction with other photographs and/or recordings.
ALSO, You, the participant, by entering into a promo event, paid event, webinar or program will thereby authorize the Company to edit these recordings at its discretion, and to incorporate these images and/or recordings into movie and/or sound files or audio- and/or videotapes, broadcast programs (radio, television and internet, including cable and satellite transmissions), or otherwise, and to use and license others to use them.
By participating with us in any way, The Company has my authorization to reproduce, or cause to be reproduced, such photographs, video recordings and/or voice recordings. The same may be exhibited in all domestic and foreign markets. As the participant, you understand that others may use and/or reproduce said photographs and/or recordings with or without The Company's consent (ie. screen shots or pictures on retreats).
By participating with us in any way, you release The Company, any of its associated or affiliated companies, their directors, officers, agents, sub-contractors, employees, customers and The Company's appointed advertising agencies, officers, directors, agents, sub-contractors and employees, from all claims of any kind on account of such use.
DISCLAIMER
The assistance that Jennifer Hough and The Wide Awakening provide through private phone appointments, live and webinar events, programs, products, etc., are tools to speed up the process of you remembering, embodying and expanding into your life journey.
Nothing Jennifer Hough and the Wide Awakening shares is intended to be, nor should be construed as professional advice in the area of medicine, psychology, psychiatry. Individuals with possible or diagnosed medical, psychological or psychiatric condition are advised to consult licensed professionals.
Waiver
BY MY COMMITMENT TO PURCHASE AND PARTICIPATE IN A TWA OFFERING, I HEREBY CONFIRM THAT I HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE INFORMATION CONTAINED WITHIN THIS WAIVER FORM. MY CONSENT TO THE INFORMATION CONTAINED WITHIN THIS WAIVER FORM IS GRANTED BY MY PURCHASE OF A TWA OFFERING.
ACKNOWLEDGEMENT of RISK and ASSUMPTION of PERSONAL RESPONSIBILITY
I understand that the activities I will be engaged in during this program, event or adventure, conducted by The Wide Awakening, The Vital You o/a 1210731 Ontario Limited, DragonFly South and Jennifer Hough, referred to as “The Company” and all their partners, agents, subcontractors and all others operating on their behalf, may sometimes require strenuous physical exertion and have the potential to expose me to above-normal risks. To the extent I have any emotional, physical, or mental disability that might impair my ability to participate in The Company activities, I have communicated this information to the coordinators of the The Company. In the event I have made no reference to any such disability, I represent that I have none. I recognize that everything I choose to do, I do so of my own free will. To the extent I participate, I do so voluntarily and of my own volition. I agree to act in a manner that will contribute to the safety and well being of both myself and the other participants. I agree to hold The Company and all their partners, agents, subcontractors and all other people operating on their behalf, harmless from the results of any incident which causes injury to me during my participation of The Company’s events. I acknowledge that I will be offered opportunity to participate in a wide range of activities, and it is always my free choice whether to participate or not. I acknowledge that I am a sovereign individual and I take 100% full responsibility for all my decisions and actions. My signature below is my acknowledgement that I fully accept all the terms and agreements outlined in this document.
PARTICIPANT PHOTO, VIDEO AND AUDIO RECORDING RELEASE
The Company is hereby authorized to use or cause to be used any resulting still photographs, motion picture footage, or recordings of my voice, if applicable, in advertising, publicity, or commercial or other business purposes. Said photographs and/or recordings may be used singularly or in conjunction with other photographs and/or recordings. Also, I, the Participant, hereby authorize The Company to edit these recordings at its discretion, and to incorporate these images and/or recordings into movie and/or sound files or audio files. The Company has my authorization to reproduce, or cause to be reproduced, such photographs, video recordings and/or voice recordings. The same may be exhibited in all domestic and foreign markets.
WE WILL NOT USE:
– Our clients personal information, address or email
– Intimate conversations of an extremely personal nature
– Anything specifically requested in writing that we not use
WE MAY USE, FOR EXAMPLE:
– Your kind words in the form of a testimonial with first name, last initial, city and country
– Group photos from our times together
– Information in the form of activation or explanation by Jennifer, as catalyzed by a participant’s question
I hereby release The Company, any of its associated or affiliated companies, their directors, officers, agents, sub-contractors, employees, customers and The Company’s appointed advertising agencies, officers, directors, agents, sub-contractors and employees, from all claims of any kind on account of such use.
CONFIDENTIALITY AGREEMENT
I understand that The Wide Awakening program, event or adventure (referred to as TWA Offering) is limited to people who have registered via The Company. In consideration of, and as a condition for permitting my participation in this The Wide Awakening program, event or adventure, I represent, covenant, warrant and agree that:
I have registered for a TWA Offering under my own name for the sole purpose of participating in the TWA Offering as an individual.
I will not publish, broadcast or disclose or assist another person or organization in publishing, broadcasting or disclosing the identity, likeness or actual or paraphrased comments, of other participants in the TWA Offering, staff or people who assist during the TWA Offering.
I will not film, videotape, audiotape or otherwise record by electronic, digital or any other means, all or any portion of the TWA Offering and I will not record or take pictures or assist another person or organization in recording and/or taking pictures of any kind or nature of all or any portion of the TWA Offering or of any participants in the TWA Offering, staff or people who assist in the TWA Offering, unless there is express written permission by Jennifer Hough or The Company. Nothing in this confidentiality agreement is intended to limit you from sharing your experience of the TWA Offering with anyone.
PROPRIETARY MATERIALS AGREEMENT
I understand that all materials, concepts, and information (collectively “Materials”) presented by The Company during this TWA Offering, either orally or in writing, are the property of The Company and are protected by copyright, trade secret, and other applicable laws. I acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of The Company, the design and development of which required the investment of substantial effort, time and money. All rights in The Company Offering and the Materials are expressly reserved by The Company. I agree not to reproduce, copy or otherwise duplicate, and not to distribute, lend, or otherwise transfer, the Materials without the prior written permission of The Company. I agree not to use the Materials in any way that would compromise the confidential and proprietary nature of the Materials. I understand that the Materials presented by The Company in this TWA Offering are intended solely for use in the TWA Offering. I understand that while I am free to use the materials for my own personal use, and free to tell others about the benefits I realized from the TWA Offering. I agree not to resell, reproduce and sell, modify and sell, or repackage and sell the Materials. I agree that I will not use the materials for any purpose other than my own personal use except with the prior written permission of The Company. I agree not to deliver the materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, program, consulting, or similar business activity which I make available to my clients or to others, except with the prior written permission of The Company.
Cancellation and Refund Policy
CANCELLATION OF PROGRAM, TRIP OR EVENT BY THE WIDE AWAKENING
Dragonfly South, LLC, operating as The Wide Awakening, reserves the right to cancel services, programs, trips and events at any time. Should circumstances arise that result in the cancellation of a service (program, trip or event), registrants will have the option of receiving a refund (less an administrative fee of $100), or transferring the full credits to the same type of service (program, trip or event) at a future date. Refund does not include any additional expenses incurred by the participant, such as airline tickets, accommodation arrangements, or the like. Should circumstances arise beyond TWA’s control (e.g., an act of God) that result in the postponement of a service (program, trip or event), registrants will have the option of transferring the credits to the same type of service (program, trip or event) at a future date. While program cancellations and date changes are rare, unforeseeable circumstance may that arise that warrant such action. For this reason, we strongly recommend participants purchase trip insurance, or other protections, to prevent unreimbursable personal expenses.
CANCELLATION OF PROGRAM, TRIP OR EVENT BY CLIENT
DEPOSITS OF THE FIRST MONTHLY INSTALLMENT OF A PROGRAM, EVENT AND/OR TRIP ARE NON-REFUNDABLE AND NON-TRANSFERABLE, upon the client's request for service by e-mail, order form, or online order.
TRIP CANCELLATION POLICY
In the event that a trip must be canceled by the client due to unforeseen circumstances (e.g., death in the family, severe illness), we will allow a credit to be used for a future trip. It is advisable to purchase travel insurance to provide coverage for any unexpected travel cancellations or interruptions, medical emergencies, and/or baggage loss. Credit for trips must be used within 12 months. Trip credit may be applied only to another trip.
- Notice of trip cancellation received more than eight (8) weeks prior to departure is subject to a cancellation fee of 10% of the total trip price (excluding the deposit).
- Notice of trip cancellation received more than four (4) weeks prior to departure is subject to a cancellation fee of 25% of the total trip price (excluding the deposit).
- Notice of trip cancellation received four (4) weeks or less from departure is subject to the forfeiture of 100% of the total trip price.
EVENT AND PROGRAM CANCELLATION POLICY
Event or program participation (other than the first monthly installment) may be used for a future event or program WITHIN 12 MONTHS. Program credit may only be applied to another program.
- Any cancellation DURING an event or program is non-refundable.
- Once a program has already begun, there is no refund for what has already been paid.
- Refunds will not be available for registrants who are considered no-shows.
All cancellations must be requested in writing to the TWA Customer Service Manager at DivineOrder@thewideawakening.com. Participants may also speak directly with a TWA Customer Manager by calling 877.867.2293. NO cancellation requests are accepted via voicemail. Approved cancellations will be confirmed by TWA in writing. Only participants with an approved cancellation are entitled to a program credit. All methods of cancellation must be confirmed by TWA in writing.
PRODUCT REFUNDS AND RETURNS
There are no refunds on products such as DVDs, books, or mp3s. If a client inadvertently receives a damaged physical product, they may contact TWA Customer Service for an exchange.
PROGRAM AND PAYMENT COMMITMENT
*** When an order form is submitted, it is the client's agreement to pay for the program at the time of purchase. Payment is not dependent upon the level of participation and completion in any program, accessing available resources, or the level of results.
Where payment is made by installments, all payments must be completed in full, regardless of future actions. If TWA does not receive payment in full within 30 days of the invoice date, a late payment fee of 3% of the payment amount per month (42.58% per annum) is payable.
For example:
- Payment is due March 5th for $100.00
- If payment made by April 5th: no late fee payable
- If payment made after April 5th, and up to May 5th: $3.00 late fee, so balance owing is $103.00
- If payment made after May 5, and up to June 5th: $6.00 late fee, so balance owing is $106.00
And so on...
TWA may also:
- Suspend access to all or part of the program until payment of the overdue amount has been made, and
- Take whatever action is necessary to collect the outstanding balance.
ADDITIONAL PROGRAM COSTS
The client is responsible for all costs associated with participating in any service (program, trip or event), including any telephone charges, internet connection charges, transportation, meals, and accommodations unless advised otherwise in writing.