NEW LIFE CLINICS CHARITABLE TRUST SHALL BE REFERRED TO AND KNOWN HEREIN AS CHARITY, TRUST, SITE, OR WEBSITE.
WHEN YOU COMPLETE YOUR DONATION, YOU, THE DONOR, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTOOD THE TERMS OF THIS AGREEMENT, WHICH INCLUDES A 21-MONTH REFUND POLICY. THAT IS, REFUNDS OF DONATIONS ARE OFFERED. A DONATION IS A “GIFT” TO NEW LIFE CLINICS CHARITABLE TRUST. IN TURN THE CHARITY PROVIDES TO THE DONOR A GIFT AS THE CHARITY’S WAY OF SAYING THANK-YOU FOR THE DONOR’S SUPPORT. THEREFORE, IT IS AN EXCHANGING OF GIFTS. THE DONATION MADE BY THE DONOR IS USED TO FEED HUNGRY CHILDREN AND FOR OTHER CHARITABLE PURPOSES. WE CANNOT REVERSE THE CHARITY PROVIDED BY TAKING THE FOOD AWAY FROM THE CHILDREN WE DONATED TO FEED OR THE WHEELCHAIR WE BUY FOR A DESTITUTE AMPUTEE TO PROVIDE A REFUND TO THE DONOR. THEREFORE, ALL DONATION ARE FINAL AND NON-REFUNDABLE BEGINNING ON THE 366TH DAY AFTER THE DATE OF INITIAL DONATION.
THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE YOU FROM THE CHARITY AND YOU, IN TURN, GIVE THE CHARITY CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE CHARITY.
YOU MUST ACCEPT THESE TERMS OR THE CHARITY WILL NOT TRANSACT BUSINESS WITH YOU, PROVIDE ITS CHARITABLE SERVICES TO YOU, OR PROVIDE TO YOU A THANK-YOU GIFT FOR YOUR DONATION OF A DOWNLOAD OF A HYPNOSIS SESSION STREAMED TO YOUR COMPUTER, OR COMPACT DISC(S) MAILED TO YOU IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE CHARITY REQUIRES FROM YOU AS A CONDITION OF RECEIPT OF A GIFT TO SAY THANK YOU FOR YOUR DONATION.
PARTIES TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter “CHARITY,” and you, the prospective DONOR, hereafter referred to herein as “Donor”. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, or charitable affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product/service herein gifted, where said product/service is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering DONOR with the same rights, duties, and obligations as the Donor, but may also be referred to herein as ‘RECIPIENT”.
SUBJECT MATTER OF THIS DONATION AGREEMENT
The subject matter of this agreement is a hypnotherapy session, product, or service described in promotional or descriptive materials on this website and/or in an email referencing this website, and said website and/or email and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the hypnosis session, product, service that is the subject matter of this Donation Agreement. This bundle of offerings, including additional items promoted on the donation/order page, shall, together, be termed “product/service” throughout this agreement but the word “product/service” shall mean all elements offered in their gifting, whether digital, dimensional, or other license or right, and include all gifted or promotional materials.
RIGHTS AND OBLIGATIONS OF THE DONOR
The Donor may donate what the Charity “suggests”, as the total donation in consideration to receive the service as a thank-you gift. When the client/donor donates the amount suggested as published on this site or an amount of money that is at or above what is suggested to the Trust, the Trust is obligated to deliver the thank-you gift offered to the donor, in recognition for the client/donors donation of money. The thank-you gift offered to the client/donor will be given to the client/donor as agreed, when agreed. If the gift is a pre-recorded CD mailed to the donor’s address, the donation must be the amount that is suggested by the Trust. This consideration includes not only the amount of the donation, but other obligations that the Donor accepts as well as potential rights the Donor agrees to forgo.
By accepting this Donation Agreement, the Donor agrees to receive, at the Charity’s option, continuing follow-up contact from the Charity including email, mail, newsletters, product/service updates, product/service recall notices, product/service improvements, telephone calls from the Charity and/or survey organizations or pollsters contracted by the Charity for the purpose of solicitation of donors and site Visitor’s opinions, questionnaire data, and announcement of or offering of products or services. Donor/Client agrees that all personal information about the donor/client or his or her buying habits and preferences, including address and phone number, may be placed in a general database and PROMISES that this information will NOT be shared, rented or sold to third parties. However, Donor/Client shall at all times be fully empowered to sever contact with the Charity by notification using the ‘unsubscribe’ link in its solicitations. Moreover, the Donor/Client retains the right to refuse specific contact with the charity. The Donor retains the right to have his or her name removed from a general solicitation database. The Donor/Client agreement to accept solicitation and contact may be reduced, enhanced, limited or terminated by notification to anyone volunteering their services to the trust and contacting the Donor. The burden is on the Donor to prove that such communication was made to and received by the person making contact. Donor/Client agrees that Charity is not liable for communications made to the Donor by parties unrelated to the Charity. Donor/Client accepts full responsibility for limiting unsolicited contact by the Charity and Donor understands that he/she retains all rights to directly restrict communication or solicitation from any party working as a volunteer for the Charity.
The Donor agrees to allow the Charity to collect, store, and use for marketing purposes all information collected from, provided by or otherwise ascertained by electronic means from the Donor. The Donor, specifically, and as part of the consideration donated for this gifted product/service, waives all right to access, retrieve, or control such information except that the Donor retains the right to restrict contact as described previously.
The Donor understands that cookies may be placed on his or her hard drive that will provide information to the Charity and which are necessary for delivering an e-product/charitable service and which will be able to determine if you retain the right to access the product/service. Donor understands that these cookies or other computer codes will reside on the hard drive and will communicate at times with the Donor’s computer and thereby transmit and receive information.
Donor living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of donation by the Charity, the Charity remains responsible for payment of custom duties and taxes at the time the product/service is received. If it should happen that the Charity’s courier or freight account is charged for custom duties and tax, instead of the Donor paying referenced charges, then the Donor hereby authorizes the Charity to bill the Donor’s credit card for said charges or for the return of goods if they are refused at the point of destination.
CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Donor warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Protection Act, of legal age to enter into contractual agreements in the state in which he/she is present when he/she makes this donation, and is the true and authorized owner of the credit card used to make this donation. Any Donor who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US $10,000.00 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the credit card attempts to commit fraud upon the Charity, he authorizes each and every credit card company or merchant service provider to disclose to the Charity all information that could be construed as proof of credit card fraud.
Any Donor who attempts to perpetrate a fraud upon Charity involving the use of a credit card herewith gives authorization for the Charity to access all credit information about the Donor from credit reporting agencies and also authorizes the Charity to discover all relevant information from any source about the fraudulent practices of the Donor and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
Donor agrees that if she uses trickery to receive a refund, or if she causes a fraudulent dispute claim that results in a charge back against the Charity’s account, that the Charity is authorized to re-charge the Donor’s credit card that was used for the original donation to the extent that will make the Charity whole. Donor agrees to, in addition to actual damages, pay to the Charity liquidated damages of an amount equivalent to US $10,000.00 for every separate fraudulent action Donor commits.
New Life Clinics Charitable Trust’s Refund Policy
The Trust extends to all donors a 12-Month (365 day), 100% Satisfaction Guarantee on all donations. All donors who donate the suggested amount to receive the Trust’s thank-you gift of hypnotherapy sessions in the form of CDs or MP3s may, at the discretion of the donor, request a full and complete refund of their donation amount if the donor uses the session “as directed” for 21 days within a 30 day period and feels that they are not making progress on the goals that the hypnotherapy session(s) are indicated for. Donors may request a copy of New Life Clinics’ Donation Refund Request Form by clicking here. The Request Form must be fully completed by the donor and physically mailed to New Life Clinics Charitable Trust via U.S. Postal Service Certified or Registered Mail. Also, in the case of CD thank-you gifts, the CDs must also be returned to the Trust via U.S. Postal Service Registered or Certified Mail. In the case of MP3 thank-you gifts, the donor agrees to completely and permanently destroy or delete any digital files or CD hard copies of the hypnotherapy session that was given to them as a thank-you gift for their donation.
New Life Clinics Charitable Trust’s Iron-Clad, No-Nonsense, Completely Honest and Fair Hypnotherapy CD Lifetime Warranty
If your New Life Clinics® Hypnotherapy CD fails to play for “any reason”, on a CD-ROM Drive player or standard CD player tha tis operating to the manufacturer’s original performance specifications, we will replace said CD free from charge. Simply mail to us your scratched up, ground up, chewed up CD that won’t work in your CD player or computer and we will send you a brand new replacement CD with no questions asked. You pay the postage to send your inoperative CD to us and we will pay the postage to send a brand new replacement CD back to you.
ASSUMPTION OF RISK
Donor agrees, as part of the consideration required to donate to receive this product/service as a thank-you gift from the Charity, to carefully consider that hypnosis gifted and its therapeutic application does affect everyone differently. Therefore, the affects of the hypnosis advertised, mentioned or not mentioned in this site and described in any of its marketing materials and/or media, or via hypnotherapy streamed to donor from this site or by the recorded hypnotic therapy narrations on MP3(s) or CD(s) gifted to donor may or may not produce desirable and/or undesirable affects/results predicated upon the donor’s perceptions, mental and physical state or condition, and the proper or improper use of the product/service provided by the Charity to the donor. Therefore, donor agrees to accept all risk(s) associated with the use of this product/service, including but not limited to, hearing and mental intake of or application to Donor’s person and/or mind, the use of the product/service personally or in business, all taxes and regulations applicable to this product/service, all legal compliance issues related to this product/service. Donor warrants an understanding that the Charity is disclaiming all liability from harm of any kind or nature caused directly or indirectly from use of this product/service/gift.
LIMITATION OF LIABILITY AND DISCLAIMER
Donor warrants an understanding, as required consideration, that the giver of this product/service disclaims all liability for the product/service or damages resulting from use or mental or hypnotic installation or reliance upon this product/service for any reason. Donor alone accepts full responsibility for allowing others to use this product. Donor understands that Charity disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Donor.
Donor expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the donation, gifting and acceptance and use of this product/service or from subsequent contact with Charity or Third Parties.
Donor expressly agrees that no matter what may happen because of his or her donation and subsequent receipt of a thank-you gift of this product/service, or no matter what damage may be allegedly or actually caused by the use of this product/service, or no matter the harm or damage that may result directly or indirectly from the donation and subsequent receipt as a thank-you gift regarding this product, for any reason whatsoever, that the absolute maximum extent of Charity’s liability shall be an amount no greater than the amount of the cash donation made to the Charity.
Donor agrees and understands that Charity specifically but not exclusively, disclaims liability for all damage to Donor’s person or business by using this product/service, including harm to Donor’s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Charity disclaims liability for Donor’s interactions with advertisers on the site. Charity disclaims liability for Donor’s interaction with other visitors or members of the website.
LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT/SERVICE CONTENT
Donor agrees that the Charity’s total liability, even for erroneous product/service content that causes damage to the Donor, shall be limited to the cash donation made by the Donor to Charity.
LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT/SERVICE
Donor agrees that the Charity’s total liability, even from harm caused to the Donor or to others from use of the product/service, shall be limited to the cash donation made by the Donor to the Charity.
LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Donor agrees that the Charity’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the cash donation made by Donor to Charity.
LIMITATION ON THE LIABILITY LIMITATION
Donor understands that some states do not allow limitation of liability.
If the product/service Donor receives is a physical product/service promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product/service, Donor hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Donor and a refund of the donor’s donation is available upon the donor’s written demand only if so specified by the law of the State in which the donor is domiciled.
Where this disclaimer and claims made in marketing and promotional materials or the product/service are in conflict, this Donation Agreement shall be controlling except, and unless, the Charity deliberately misled the Donor if such construction would cause material inequity. The sole burden is on the Donor to substantiate any deliberate deception. Donor accepts the obligation to reimburse the Charity for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Donor brings suit against the Charity and does not prevail in court or at arbitration.
No warranties are made whatsoever about the success, if any, that Donor will realize from use of this material or product or service.
Donor, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration receipt as a gift of this product/service, the maximum amount of liability shall be the cash donation made in consideration of receiving the product/service as a thank you gift for the Donor’s donation.
RIGHT TO PUBLISH SUBMISSIONS
Donor agrees that Charity may publish for marketing purposes the full or partial content of any and all communication with Donor at the Charity’s sole discretion.
Donor agrees to indemnify Charity for any and all damage that Donor causes by using the product/service or information contained on this website that results in a damage award against the Charity.
RIGHT TO STOP SELLING OR SERVICING PRODUCT/SERVICE
Donor agrees that Charity has the right to discontinue the product/service at any time without notice.
Donor understands that the Charity may discontinue customer service on a product or service at any time without notice.
CALIFORNIA RESIDENTS NOTE
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the Donor have the right to go to court or have a jury trial. Donor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Donor agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Charity’s address.
Donor agrees that the applicable law to be applied shall, in all cases, be that of the state of the Charity.
Donor herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Charity on the ordering page. Further, Donor agrees that the right to contact Donor concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Charity in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product/service or website, or Modification of the terms of service or product. Additionally, the Donor grants Charity irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Donor has to sever contact with Charity.
The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.
This Donation Agreement cannot be modified in any manner between the Charity and this Donor unless modifications are made in writing signed by both parties. However, the Charity may modify this Donation Agreement at any time for other Donors without notice to the instant Donor.
ENFORCEABILITY OF PROVISIONS
In the event that some provisions, terms, conditions of the Donation Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Donor and Charity agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
WAIVER OF BREACH
The Charity’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.
CHARITY’S CONTACT INFORMATION
The Giver of this product/service/gift is:
New Life Clinics Charitable Trust
Attn: Executive Director
5536 N. Copper Canyon Way
Kingman, AZ 86409
E-Mail Address: [email protected]
By taking the affirmative step of acceptance of a thank-you gift of a product, service, or membership from Charity you, the Donor, attest that you have fully read, understand, and accept the terms of this Donation Agreement contract, and warrant to the Charity that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Donation Agreement contract.
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