WAIVER (THE WILD REBORN)

You are buying access for 1 person/couple to access The Wild Reborn Live Birth Education Program (referred to below as the “Product” or the “Program” from The Wild Reborn (referred to below as “TWR”). You must be at least 18 years of age to buy access to the Product.

The Product Product includes access to course content and materials, other information and materials provided by TWR (collectively, the “Content”).

By buying access to the Product Product, you and TWR hereby agree to these Terms and Conditions of Purchase and TWR’s Terms of Use and Privacy Policy (collectively, this “Agreement”) which specify the legal terms and conditions that govern your use of the Product Product and thereby form a legal agreement between you and TWR.

In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury to yourself or others while participating in, replicating, performing, executing, practicing or otherwise implementing what is seen in the Program, and as consideration for the right to participate in and access the Program, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my voluntary participation in the Program, and do hereby release and forever discharge The Wild Reborn, located at 2036 Nevada City Hwy, Grass Valley, California Republic, their affiliates, managers, members, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns (the “Agents”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my voluntary participation in the aforementioned Program, including traveling to and from an event related to this Program.

I am voluntarily participating in the aforementioned Program and I am participating in the Program entirely at my own risk. I am aware of the inherent risks associated with participating in this Program, which may include, but are not limited to, physical or psychological injury, pain, suffering, emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence or the negligence of The Wild Reborn’s Agents, nonetheless I assume all related risks, both known and unknown, of my participation in this Program. I agree to indemnify and hold harmless The Wild Reborn and its Agents against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone acting on my behalf, including attorney’s fees and costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If The Wild Reborn incurs any of these types of expenses, I agree to reimburse The Wild Reborn.

I acknowledge that The Wild Reborn and its Agents are not responsible for errors, omissions, acts or failures to act by any party or entity conducting a specific event or activity on behalf of The Wild Reborn.

I acknowledge that my voluntary participation in the Program may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and other loss. In the event that I should require medical care or treatment because of my voluntary participation in the Program, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I know, understand, and appreciate the risks associated with the Program and I am voluntarily participating in the Program. In doing so, I am assuming all the inherent risks of the Program and I expressly agree to release and discharge The Wild Reborn and its Agents from any and all claims, lawsuits, or causes of action. I agree to voluntarily give up or waive any right that I otherwise have to bring any legal action against The Wild Reborn.

This Agreement was entered into at arm’s-length, without duress or coercion. Both the Participant and The Wild Reborn agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remaining terms of this Agreement will remain valid and enforceable.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of California, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in California and that the State of California shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Nevada County, California.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.

REFUND POLICY

Due to the nature of the products, and services no refunds are offered. Any funds received in relation to its ecclesiastical functions and member participation shall be treated as voluntary contributions or suggested goodwill offerings. These contributions are non-refundable unless a compelling and clearly justified reason is presented, which shall be evaluated and resolved solely at the discretion of the Association. If you have an issue with any of the Association’s services, please bring it our attention by sending a message to thewildreborn.birth@gmail.com

MEDICAL DISCLAIMER

The Product Program cannot and DOES NOT contain any medical advice. The content of the Program, such as text, graphics, images, or information obtained from agents of TWR are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. The Wild Reborn and the Program does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Program.

LEGAL DISCLAIMER

The Product Program DOES NOT provide any legal advice. Users of the Program should consult with their own lawyer for legal advice. The information contained in the Program is general information and should not be construed as legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Program does not create a lawyer-client relationship between The Wild Reborn and anyone enrolled in the Product Program. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of any material or information in the program is not a substitute for the advice of a lawyer.

INTELLECTUAL PROPERTY

You agree that the Product Product contains proprietary Content that is owned by TWR and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and TWR will prosecute such misconduct to the fullest extent permitted by law.

TWR provides you with the Product Product solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use the Product Product or the Content available in the Product in a manner that constitutes an infringement of TWR’s rights or that has not been authorized in writing by TWR. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference TWR, Mimilia Suray, Cheyenne Lakhota, Product Content, or infringe on any of TWR’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Product Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by TWR and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF TWR’S PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF TWR AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Trademarks, service marks, graphics, and logos used in connection with the Product Product are common law trademarks or registered trademarks of the TWR. You are granted no right or license with respect to any of the aforesaid trademarks.

The Product Product includes access for 1 person. Upon registration, you will receive one username, password, and member profile for use.

If you would like to take Product with a business partner or collaborator, you will need to ensure that each individual purchases the course individually.

PRIVACY AND CONFIDENTIALITY

The Product Product is subject to TWR’s Privacy Policy. TWR does not knowingly collect personal information from children under the age of 18 and does not wish to do so. TWR reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using the Product Product.

By purchasing access to the Program, you agree:

• not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of TWR or the Program Participants;
• that any confidential information shared by any of TWR’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to TWR that all Content provided to you by TWR is the TWR’s confidential and proprietary information and intellectual property, belong solely and exclusively to TWR, and may be used by you only as authorized by TWR;
• the reproduction, distribution and sale of the Content by anyone other than TWR is strictly prohibited;
• and that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
  While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidentiality.

THIRD-PARTY MATERIALS AND WEBSITES

TWR may provide links to third-party materials and websites. These third-party materials and websites are not part of the Product Program and they may be either withdrawn or terminated at any time without any liability on the part of TWR. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that TWR is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and TWR does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that TWR will not be liable for your improper use of third-party materials and websites.

DISCLAIMER

THE PRODUCT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and improve your life. However, TWR does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Product PRODUCT IS AT YOUR SOLE RISK. By purchasing access to the Product Product, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of California, united States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in California and that the State of California shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Nevada County, California.

2) LIMITATION OF LIABILITY.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) TWR, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE Product PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Product PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

AS SET FORTH IN OUR PRIVACY POLICY, TWR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE Product PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT.

You agree that you will not engage in any conduct or communications with a third party, public or private, that are false or designed to disparage TWR, Product, Mimilia Suray or Cheyenne Lakhota, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

4) BINDING EFFECT.

This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Product Product is a non-transferable program.

5) TERMINATION.

TWR is committed to providing all customers in the Program with a positive Program experience. If you fail, or TWR suspects that you have failed, to comply with any of the provisions of this Agreement, TWR, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Product Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to TWR under this Agreement will survive expiration or termination of this Agreement for any reason.

6) CHANGES.

TWR reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Product Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Product Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e- mail or postal mail. If you have any questions, please contact our legal department directly at thewildreborn.birth@gmail.com.

7) INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless TWR, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Product Product. You shall defend TWR in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of TWR’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of TWR.

8) BINDING ARBITRATION.

In the event of a dispute arising under or relating to this Agreement or the Program (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Nevada County, California, United States of America. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent TWR from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

9) ENTIRE AGREEMENT.

This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

10) COMPLIANCE WITH LAW.

The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

11) NO WAIVER.

The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.