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Waiver & Terms of Use.

Participant Informed Consent, Waiver and Release of Liability

I have voluntarily enrolled in this Meditation activity.  

I understand that I am under no obligation of any kind to participate in this Meditation program.

I acknowledge and understand that I am responsible for all aspects of my health and well-being.

I understand that Meditation is a personal growth activity designed to enhance quality of life.

I understand that this Meditation may involve physical, mental, intellectual, and emotional activity, including breathwork, which I may find strenuous.

I understand that practising a mindfulness exercise can sometimes result in unpleasant experiences, such as agitation, anxiety or discomfort.

I understand that these experiences are often a natural part of the process and I commit to seeking psychological support if my emotional reactions are unusually strong.

If I am under the supervision of a psychologist, psychiatrist, or any medical professional I promise to consult with them before practising Meditation exercises.

I further recognize and understand that the instructions and advice presented to me during coaching and consulting sessions and this Material are in NO WAY intended as substitutes for medical diagnosis or other professional counselling and/or professional treatment.

I acknowledge my responsibility for exercising my own judgment in choosing to participate in this program.

If I have any health concerns that may interfere with my participation in the program, I understand that I should consult my healthcare provider before beginning the Meditation exercises.

If I experience pain or difficulty that is cause for concern during or after practising the Meditation exercises, I understand that I should stop immediately and consult my healthcare provider before continuing on with the Meditation exercises.

I recognize, understand, and agree to assume full responsibility for all risks, injuries or damages, known or unknown, which I might incur as a result of my voluntary participation in this program. 

I further acknowledge that the activities described above may be more mentally and/or emotionally demanding than my usual activities.

By this consent I hereby knowingly and voluntarily assume the risk of any injury, be it physical or emotional, during the course of this program.

In consideration of my participation in the Meditation program, I hereby waive and release Donna Harper and Mental Jumpstart Training & Consulting from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from my participation in this class.

I hereby agree to indemnify and hold harmless Donna Harper and Mental Jumpstart Training & Consulting from and against any and all claims and expense, including attorneys fees, arising out of my participation in this program.

This Participant Informed Consent, Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I am giving my informed consent to participate in this program.

Mental Jumpstart Training & Consulting assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found in these exercises.

I hereby release Donna Harper and Mental Jumpstart Training & Consulting from any and all claims, now or in the future, that I may have as a result of my voluntary participation in the program.

I acknowledge that I have thoroughly read this I acknowledge that I have thoroughly read this Participant Informed Consent, Waiver and Release of Liability in its entirely and fully understand the above statements.  

I am waiving certain rights I or my successors might have to bring legal action or assert a claim against Donna Harper and Mental Jumpstart Training & Consulting.

The resolution of any and all disputes arising from or in connection with Mental Jumpstart Training & Consulting, including any disputes arising under or in connection with this Informed Consent, shall be governed by and construed in accordance with the laws of the province of British Columbia (other than conflict of laws rules) and the laws of Canada applicable therein.

 

Terms of Use

Mental Jumpstart Training & Consulting maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Mental Jumpstart Training & Consulting. If you do not agree to these terms, do not use this Site.

Use of Site

Mental Jumpstart Training & Consulting provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Mental Jumpstart Training & Consulting  authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.

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Trademark and Copyright

Mental Jumpstart Training & Consulting, and certain other brands, trademarks, and service marks are marks of Mental Jumpstart Training & Consulting and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws.

 

License to Use Service

You are granted a nonexclusive, non-transferable license to use the Service to view, read, listen to, access, copy and privately perform and display the information, text, photos, illustrations, recordings, and other content ("Content") that is posted on or uploaded to the portions of the Service to which you are granted access; and to access the various services provided in the Service and to use them in accordance with these terms and other terms as may be posted throughout the Service. Notwithstanding the foregoing, you shall have no rights to copy any of the Content for public distribution, transmission, display, performance, archiving, sublicense, rent, lease, or further use or distribution or for the creation of derivative works other than as specifically allowed herein.

 

‍Limitations of Rights to Use Service

The Service is not intended for users under the age of 13, and Owner does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

 

You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, libelous, abusive, harassing, hateful, pornographic, illegal, obscene, or otherwise offensive (in the sole discretion of Owner). Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, provincial, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

 

You are responsible for ensuring that any material you provide to the Service or post on Service's bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. You agree to provide to Owner, upon request, copies of all releases from third parties for the use of their content on the Service.

 

You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others" use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

 

Other than connecting to Owner's servers by http requests using a Web browser, you may not attempt to gain access to Owner's servers by any means " including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

 

You acknowledge that Owner has not reviewed and does not endorse the content of all sites linked to or from this Service and is not responsible for the content or actions of any other sites linked to or from this Service. Your use of links from the Service to any other service or site is at your sole risk.

 

Materials Provided to Service

For information regarding use of the material and information you supply or communicate with the Service, please see our Privacy Policy. By ordering products, posting messages, inputting data, or engaging in any other form of communication through the Service, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You represent, warrant, and agree that such posted information and materials do not violate any of the terms of this Agreement; are not libelous, defamatory or otherwise infringe on the proprietary or privacy rights of others; are original to you or are used with permission of the owner, or are clear for use on the Service; or otherwise violate any laws or regulations. Notwithstanding the foregoing, we will not use your credit card or other personal payment information for any purpose other than to complete your ordering transactions, and we will not maintain records of such credit card or ordering information after the order has been fulfilled and full payment received.

 

Edits to Content

Owner reserves the right, but undertakes no duty, to review, edit, move or delete any materials, information, postings or Content provided for display or placed on the Service or its bulletin boards, in its sole discretion, without notice. Owner shall have the right to change the Service or your access to the Service without notice or liability.

Indemnification

You agree to indemnify Owner and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney fees and legal costs) which may arise from your submissions of Content to the Service, from your unauthorized use of material, email addresses, information, or Content obtained through the Service, from your breach of this Agreement or any of the terms herein, or from any acts related to your use of the Service. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to this indemnification.


 

Hyperlinks

Links to external websites are provided solely as a convenience to you. Mental Jumpstart Training & Consulting has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

No Warranty

Mental Jumpstart Training & Consulting  may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Mental Jumpstart Training & Consulting makes no commitment to update the Materials at this Site.


 

Disclaimer of Warranty

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND THE OWNER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE OWNER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS. OWNER DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR OTHER HARM TO YOUR SOFTWARE, HARDWARE OR EQUIPMENT, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. This disclaimer does not apply in all locations, and therefore may not apply to you.

 

Limitation of Liability

 

OWNER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE FROM THE SERVICE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

Release

YOU HEREBY AGREE TO RELEASE OWNER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SERVICE.

 

Miscellaneous

You may not assign or transfer this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be enforceable in full. Owner makes no representation that materials on the Service are appropriate, available, or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. 

Applicable Law

The Terms of Use are governed by the laws of the Province of British Columbia, Canada. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. Mental Jumpstart Training & Consulting may assign its rights and duties under the Terms of Use without notice to any party at any time.

 

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Province of British Columbia applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a Provincial or Federal court in British Columbia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

 

Bulletin Board and Advertisements

Owner does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards, forums or otherwise contained in the Service. Nor does Owner or its third-party Owners make any warranties with respect to any of the merchandise featured, advertised, or mentioned in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of Owner or its third-party Owners.

 

General Disclaimer

Products and Course suggestions are complementary of Mental Jumpstart Training & Consulting staff; we do not encourage anyone to use these methods as an alternative to medical screening, treatment, and care.  If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, please consult with that provider prior to changing or modifying any treatment program.

 

Effective Date and Updates

The Terms are effective as of February 26, 2019 and are subject to change without notice by Mental Jumpstart Training & Consulting at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

 

Updated: June 1, 2023

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