Terms And Conditions – Metamorphosis




TERMS AND CONDITIONS
FOR
ISADORA TANTRA™ COACHING AND
OPTIONAL CERTIFICATION PROGRAM

Terms and Conditions:

By clicking “I Agree” or otherwise accessing or using any part of the Program (as defined below), you agree to the Isadora Tantra™ Coaching and Optional Certification Program terms and conditions (the “Terms and Conditions”), you acknowledge, that you have read, understood, agreed and accepted all the Terms and Conditions of the Isadora Tantra™ Coaching and Optional Certification Program (the “Program”). Agreement to the Terms and Conditions herein is required to participate in the Program and to potentially obtain certification. ¹ The Terms and Conditions herein agreed to shall remain in force and apply to any past, present or future Programs.

1. Participant must be at least 18 years old. This requirement assures that the participant, choosing to enter into this Program, is a recognized legal adult. A legal adult, or individual over the age of 18, is legally accountable for their actions and at the legal age to enter into enforceable agreements.

2. Purpose. The Program allows participants to learn the teachings of Psalm Isadora so that they may implement them in their daily lives, and Subject to the Terms and Conditions, participants who successfully meet Certification Requirements, addressed below, are eligible to become a “Certified Isadora Tantra Coach”™/ “Isadora Certified Tantra Coach”™ (hereinafter referred to as “Certified Coach”) and to use this name, including its teachings, marks and logos, in an unaltered format, corresponding to the classes and/or workshops they teach.

3. Certification. Upon completion of the requirements below, participants are eligible for certification by Psalm Isadora as a Certified Coach and will receive a badge upon certification.

A. Requirements

The requirements for completion and certification include, but shall not be limited to: (1) Successful completion of the six digital training modules, in full; (2) Attendance of all live coaching webinars; (3) Demonstration of embodiment and proficiency of curriculum through assignments and video presentations as determined by Psalm Isadora and/or her team; (4) Exceptional leadership and classroom teaching skills demonstrated and exhibited through video submissions of live workshops as determined by Psalm Isadora and/or her team;(5) Successful completion of any exam or homework provided; and (6) Display excellence in the comprehension of the course through the submission of a final video presentation as determined by Psalm Isadora and/or her team (hereinafter referred to as the “Certification Requirements”). The successful completion of all requirements herein shall be subject to the discretion and determination of Psalm Isadora.

B. Continuing Certifications

Certifications may require additional actions to maintain compliance with Certification Requirements as specified by Psalm Isadora. You must meet all continuing Certification Requirements, including payment of all annual fees due, to maintain the label of Certified Coach and hold the badge. Psalm Isadora may, from time to time and in her sole discretion, change or modify Certification Requirements (both initial and continuing), teachings, marks and logos. Psalm Isadora will use commercially reasonable efforts to notify you by email, to the email address provided, of any changes to the Certification Requirements for any certifications you currently hold. You must comply with the changed requirements within the period of time set forth in the applicable policies to stay in compliance with any modified compliance requirements. Any failure to comply with all applicable continuing certification requirements or changed continuing Certification Requirements will result in termination of your Certification pursuant to Section 14.

4. Your Representations. You warrant and represent to Psalm Isadora that all services you provide and all business you conduct as a Certified Coach shall: (i) not harm the reputation of Psalm Isadora, her teachings or her products; (ii) not employ deceptive, misleading, or unethical practices; (iii) not make any representations, warranties, or guarantees to clients on behalf of Psalm Isadora; (iv) comply with California Business and Professions Code and Government Code, all applicable local, state and federal laws and regulations (including, but not limited to laws regulating your professional status, conduct and licensing requirements) and all other applicable governmental and administrative laws, statutes and regulations; (v) comply with all Intellectual Property and proprietary rights protections, development tools, and other products; (vi) ensure that you are using the “Certified Isadora Tantra Coach”™/ “Isadora Certified Tantra Coach”™ name and logo in an unaltered format; (vii) ensure that you are in compliance with Section 7, below, when promoting or advertising; (viii) ensure all classes taught as a Certified Coach are done so with the highest standard of quality and professionalism, workshops or private client environments include refraining from misconduct such as alcohol or illicit drug use, violent behavior, sexual misconduct, verbal or physical abuse, property damage, or theft; (ix) instruct and teach massage techniques verbally and without any physical touching or nudity pursuant to Section 5, below; (x) not disassemble, decompile, reverse engineer, or otherwise reduce or seek to derive the teachings of Psalm Isadora and Confidential Information; (xi) not to attempt to certify third parties with the Intellectual Property or Confidential Information received from participation in the Program or other means, unless specifically licensed to do so; and (xii) not attempt to conduct business under Isadora Tantra™ or use the name “Psalm Isadora” unless licensed to do so. You hereby agree to not engage in activities of a Certified Coach, nor make publicly or privately available the title, or any variation thereof, which indicates or implies an active/current Certified Coach status until you have been formally certified by Psalm Isadora and satisfy any continuing certification requirements.

5. No Nudity, Massaging, or Touching. At no time during the Program, or upon obtaining your Certified Coach status, will you perform massage techniques on other individuals. As a Certified Coach, your classes must not involve any nudity, massaging, or touching. You must instruct and teach massage techniques verbally, without any physical touching, failure to do so will cause decertification pursuant to Section 14, below.

6. Disruptive Behavior. It is at the sole discretion of Psalm Isadora to allow you to participate in the Program and to determine your certification eligibility. At no time during the Program will disruptive behavior be tolerated in any medium including, but not limited to, discussion boards, forums, or any Facebook pages associated with Psalm Isadora or the Program. Psalm Isadora hereby holds the right to remove you from the Program at her discretion. If you are asked to leave the Program, you will be refunded for your remaining modules, if any.

7. Advertisement. Once you are a Certified Coach, you must include one of the following statements in all of your advertisement or promotional course materials you teach: “Certified to teach the ‘Isadora Tantra™ Coach’ Methods” or “Certified Isadora Tantra™ Coach, Certified”. You may only use the above statements or the mark “Certified Isadora Tantra Coach”™ / “Isadora Certified Tantra Coach”™ for classes that comprise of at least 75% of the Intellectual Property and Confidential Information gained from the Program. Psalm Isadora reserves the right to change the above statements subject to Section 17, below.

8. No Authorization to use Name and Marks. Upon meeting the requirements for initial certification, and continuing so long as you meet and comply with all applicable continuing certification requirements, Psalm Isadora authorizes you to use the Certified Coach label, identified in Section 2, for which you have been certified according to the conditions of these Terms and Conditions. All rights not expressly granted herein are reserved by Psalm Isadora. You acknowledge Psalm Isadora has sole ownership of the Psalm Isadora name, brand, certification logos, signatures, videos, webinars, service marks, trademarks, patents, teachings, scripts, methods, documents, instructions, series, sequences, and other practices (hereinafter referred to as “Intellectual Property”) and that nothing in these Terms and Conditions, in your performance as a Certified Coach, or that might otherwise be implied by law, shall give you any right, title, or interest in this Intellectual Property, other than the authorization specifically granted herein. You shall not use the Intellectual Property in a manner that derogates from the rights of Psalm Isadora in the Intellectual Property, and shall not take any action that may interfere with or diminish the rights of Psalm Isadora in the Intellectual Property during the term of these Terms and Conditions or after its termination or expiration. Nothing in these Terms and Conditions shall authorize you to use any Intellectual Property except as expressly specified in these Terms and Conditions and all other terms and policies referenced herein.

9. Disclaimer. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PSALM ISADORA SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES RELATING TO THE CERTIFICATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY RESULSTS PROMISED, AND HEREBY DOES NOT GUARANTEE ANY SPECIFIC OUTCOME OR RESULT OF THE PARTICIPATION OR COMPLETION OF THIS PROGRAM. There are no refunds of any kind other than that stated in Section 6, or that which is to be agreed to by Psalm Isadora and you in a separate written agreement.

10. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, PSALM ISADORA’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE PROGRAM. IN NO EVENT SHALL PSALM ISADORA OR ANY AFFILIATE OR ANY OF HER RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE CERTIFICATION, INTELLECTUAL PROPERTY, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF PSALM ISADORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification. You agree that Psalm Isadora shall have no liability to you or any of your employees, agents, clients or customers and that you shall defend, indemnify, and hold Psalm Isadora, her affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) your use of the Intellectual Property rights granted in a manner which is in any way inconsistent with the terms of these Terms and Conditions; or, (ii) the performance, promotion, sale, or distribution of your services as a Certified Coach; or (iii) the termination of these Terms and Conditions by Psalm Isadora, pursuant to the terms herein. In the event Psalm Isadora seeks indemnification from you under this provision, Psalm Isadora will promptly notify you in writing of the claim(s) brought against Psalm Isadora for which she seeks indemnification. Psalm Isadora reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of her choice. You may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of, or bind Psalm Isadora in any manner, without the prior written consent of Psalm Isadora. In the event Psalm Isadora assumes control of the defense of such claim, Psalm Isadora shall not settle any such claim requiring payment from you without your prior written approval. Upon Psalm Isadora’s request, you shall reimburse Psalm Isadora for any expenses reasonably incurred by Psalm Isadora in defending such a claim, including, without limitation, attorney’s fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.

12. Confidentiality. Anyone obtaining access to the Intellectual Property or information disclosed during the Program(s) and/or other interactions with Psalm Isadora is obligated to maintain the confidentiality of this information (hereinafter referred to as “Confidential Information”). If an individual is caught violating the terms of this provision, he/she will be permanently ineligible for any certification by Psalm Isadora and shall be decertified from the Program(s) and all current certifications associated with it. You agree to protect Psalm Isadora’s Confidential Information, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care. Recipient agrees to use Psalm Isadora’s Confidential Information for the sole purpose of evaluation in connection with the purpose of these Terms and Conditions. You will not disclose, publish, or disseminate Confidential Information. You may disclose Confidential Information to the extent required by law, provided you make reasonable efforts to give Psalm Isadora notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information. Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby and Psalm Isadora retains all of its rights therein. Notwithstanding any other provision in these Terms and Conditions, if you provide any ideas, suggestions or recommendations to Psalm Isadora regarding Psalm Isadora’s Confidential Information (“Feedback”), Psalm Isadora is free to use and incorporate such Feedback in Psalm Isadora’s products, without payment of royalties or other consideration to you, so long as Psalm Isadora does not infringe on your patents, copyrights or trademark rights in the Feedback. Nothing in these Terms and Conditions is intended to grant a license or waive any rights in either party’s patents, copyrights or trademarks.

13. Term. The Terms and Conditions herein shall continue so long as you are in compliance with the Program and your certification is active. Sections 4, 8, 9, 10, 11, 12, 17, 18, and 19 shall survive the term herein for any reason.

14. Decertification. Psalm Isadora may terminate your certification immediately, and terminate the use of the corresponding Intellectual Property upon the occurrence of any one of the following events (each a “Cause”): (i) you fail to comply with any of the Terms and Conditions herein, including, without limitation, the terms governing the use of the Intellectual Property; (ii) you misappropriate or disclose any trade secret or Confidential Information of Psalm Isadora or Psalm Isadora Media Group, Inc., or otherwise infringe any other intellectual property right of Psalm Isadora or Psalm Isadora Media Group, Inc., or engage in any other activities prohibited by law; (iii) you fail to comply with the applicable certification requirements or continuing certification requirements in Section 3 for the relevant certification; (iv) you fail to comply with the applicable representations in Section 4; or (v) a government agency, regulatory agency or court finds that services you provided concerning Psalm Isadora teachings or products to which your certification relates are defective in any way. In the event any of the above occurs, Psalm Isadora may provide you with written notice of termination of your certification as a Certified Coach. Immediately upon decertification, you shall immediately cease all use of any Intellectual Property corresponding to the Certification to which these Terms and Conditions relate. Psalm Isadora’s termination under this section shall not prejudice any rights Psalm Isadora or Psalm Isadora Media Group, Inc., may have under these Terms and Conditions or in law, equity or otherwise. Sections 4, 8, 9, 10, 11, 12, 17, 18, and 19 shall survive these Terms and Conditions for any reason.

15. Relationship of the Parties. You acknowledge that nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture or agency relationship between you and Psalm Isadora or Psalm Isadora Media Group, Inc., or as granting a license or franchise. You shall not advertise, promote, or suggest in any manner that the services being provided to customers in connection with the Intellectual Property are provided by, sponsored by, or associated in any way with Psalm Isadora, or that you are employed by, affiliated with, or sponsored by Psalm Isadora, her team or Psalm Isadora Media Group, Inc., except to state that you have successfully completed all requirements for your particular certification(s), as identified in Section 2, and any continuing certification requirements. During the term of these Terms and Conditions, you shall insert the following language in each contract pursuant to which you will provide services involving Isadora’s products or services: “Psalm Isadora and Psalm Isadora Media Group, Inc., are not a party to this agreement, and shall have no liability whatsoever with respect to any of the services that are the subject of this contract. Each applicable use of “Certified Isadora Tantra Coach” ™ / “Isadora Certified Tantra Coach” ™ indicates that I have successfully completed the corresponding Psalm Isadora Program requirements, which reflect commensurate skills required to discuss her teachings. The services I provide under this contract are not provided, licensed, warrantied or sponsored by Psalm Isadora and I hold Psalm Isadora and Psalm Isadora Media Group, Inc., harmless from and defend against all liability, claims, and demands on account of damage of any kind which arise out of, or is connected with, my teachings or services.”

16. Governing Law. It is agreed that the Terms and Conditions herein are governed by the laws of the State of California and submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the County of Los Angeles, State of California.

17. General. You may not assign your rights or obligations under these Terms and Conditions. Any unauthorized assignment will be void. Psalm Isadora will not be liable for performance or delays beyond its reasonable control. A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default. If a court of competent jurisdiction holds that any provision of these Terms and Conditions are invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and the economic effect of the Terms and Conditions. These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between you and Psalm Isadora with regard to the Program(s) and supersede all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Psalm Isadora unless made in writing and signed by Psalm Isadora. Any term or condition on any other document submitted by you shall be of no force or effect whatsoever, and is specifically rejected. Psalm Isadora reserves the right to change these Terms and Conditions, certification trademark or badges, and Program trademarks or name at any time and without notice. Notices of changes to the Terms and Conditions will be given by Psalm Isadora posting the changes on https://www.psalmisadora.com and will be deemed given when posted. You will have a commercially reasonable time to implement such changes by Psalm Isadora, not to exceed thirty (30) days.

18. Dispute Resolution, Arbitration and Class Action Waiver. This Section 18 includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

A. Informal Process First

You agree that in the event of any dispute between you and Psalm Isadora or Psalm Isadora Media Group, Inc., you will first contact Psalm Isadora or Psalm Isadora Media Group, Inc., and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. You agree to not enlist the involvement of charge referrals or charge-backs with credit card issuers. You agree to indemnify us for any and all charges we may suffer by your involving of these third parties.

B. Arbitration Agreement

After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Psalm Isadora or Psalm Isadora Media Group, Inc., Program, or relating in any way to Psalm Isadora or Psalm Isadora Media Group, Inc., communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Psalm Isadora or Psalm Isadora Media Group, Inc. However, this arbitration agreement does not (i) govern any Claim by Psalm Isadora or Psalm Isadora Media Group, Inc., for infringement of its Intellectual Property or access to the Program which is unauthorized or exceeds authorization granted in these Terms or (ii) bar you from making use of applicable small claims court procedures in appropriate cases.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF THE FIRST OF THE DATE YOU ACCESS THESE TERMS BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Psalm Isadora or Psalm Isadora Media Group, Inc., are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Psalm Isadora Media Group, Inc., to support@psalmisadora.com. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Program on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Program on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 18(C) below.

If you do not want to arbitrate disputes with Psalm Isadora or Psalm Isadora Media Group, Inc., and you are an individual, you may opt out of this arbitration agreement by sending an email to support@psalmisadora.com within thirty (30) days of the first of the date you access the Terms.

C. Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Psalm Isadora or Psalm Isadora Media Group, Inc., each waive any right to a jury trial.

19. Miscellaneous.

A. Jurisdictional Issues

Psalm Isadora or Psalm Isadora Media Group, Inc., make no representation that the Program is appropriate or available for use outside the United States. Those who choose to access the Program or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Program may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country.

B. Export Laws

The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Program, including the Psalm Isadora or Psalm Isadora Media Group, Inc., content, or any part thereof, in any way, in violation of United States law.

C. Entire Agreement

These Terms are the entire agreement between you and Psalm Isadora or Psalm Isadora Media Group, Inc., relating to the subject matter herein and shall not be modified except by Psalm Isadora or Psalm Isadora Media Group, Inc., in accordance with these Terms, or as otherwise agreed in writing by you and Psalm Isadora or Psalm Isadora Media Group, Inc. No employee, agent or other representative of Psalm Isadora or Psalm Isadora Media Group, Inc., has any authority to bind Psalm Isadora or Psalm Isadora Media Group, Inc., with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

D. Severability and Waiver

If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

E. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Psalm Isadora or Psalm Isadora Media Group, Inc., may assign these Terms at any time without notice to you.
F. Force Majeure Psalm Isadora or Psalm Isadora Media Group, Inc., will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Psalm Isadora Media Group, Inc., or Psalm Isadora’s reasonable control.

You acknowledge that you have carefully read and understood all of the provisions of the foregoing Terms and understand that you have the right to seek independent advice, at your own expense, or to propose modifications prior to agreeing to the Terms. You further represent and warrant that you have accepted these Terms voluntarily and after consulting with whomsoever you wish.

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