User Agreement for Ascendant™ 1-Year Course
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING AWAKEN’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS’ AREA, AND/OR PROGRAMS ASSOCIATED WITH THE AWAKENTM COURSE. BY ACCESSING OR USING THE COURSE AND/OR COURSE MATERIALS, YOU ACKNOWLEDGE THAT:
YOU HAVE READ THIS AGREEMENT
YOU UNDERSTAND IT, AND
THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF AWAKEN’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS’ AREA, AND/OR PROGRAMS ASSOCIATED WITH THE AWAKENTM COURSE, AND CONTACT US IMMEDIATELY AT SEAN@OCULUSINSTITUTE.COM.
This Agreement (“Agreement”) is a legal contract between The Oculus Institute, located at 2700 Travis Street, Houston, TX, United States, 77006 (“OCULUS”), and
NAME: ___________________________ (“YOU”, an individual) at
(collectively the “Parties”).
WHEREAS, OCULUS is engaged in the business of comprehensive personal development; and
WHEREAS, YOU desire to engage OCULUS to provide spiritual, career, and other personal development services;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1 Programs: Under the terms of this Agreement, OCULUS agrees to provide spiritual, career, and other personal development services to YOU in the form of written/recorded materials and periodic coaching (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.4 below. More particularly, OCULUS agrees to provide you with certain Deliverables defined as:
A. Welcome call with the Oculus team to determine goals and map out a strategy to achieve them
B. The second half of Opening Your Eyes
C. One-on-one support with the Oculus leadership team for every exercise and other additional challenges that may arise
D. Access to ALL future programs developed by Oculus
E. Live event(s) – number and location TBD
Deliverables are redeemable by YOU within 12 months from commencement of the Agreement according to Paragraph 1.2 below. Your access to such programs is of such Program Fee as is set forth in Paragraph 1.4.
1.2 Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of the Agreement, you will become enrolled in the 1-year Ascendant course.
1.3 Termination: OCULUS may terminate this Agreement at any time at its discretion upon notice to YOU. Paragraph 3.1 below shall survive termination of this Agreement, binding both Parties to Confidentiality in perpetuity. All releases given to OCULUS in this agreement and elsewhere shall also remain valid.
1.4 Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay OCULUS the fees according to the schedule discussed during your Graduation Session and codified in your Agreement, in exchange for 1 year of access to and use of the Ascendant course.
1.5 Promotional Material: By accepting the Terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by OCULUS, YOU affirmatively agree and acknowledge that OCULUS may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.6 No Refunds: OCULUS abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by OCULUS. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: No Warranties
2.1 Success Not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that OCULUS provides Program(s) related to spiritual, career, and other personal development only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that may experience income loss, depending on what actions you take as a result of the Program(s). In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any career decision.
2.2 Limited Liability: In no event will OCULUS be liable to YOU or any party related to you for any damages, including damages for loss of income or any other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, even if OCULUS has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3 Indemnification: YOU will, at your own expense, defend, indemnify, and hold OCULUS, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program or presence upon facilities being used to host any live aspect of the Program of this Agreement.
2.4 Release For Personal Injury: YOU acknowledge that there are inherent risks associated with attending live events such as are included in the Program of this Agreement, and as such, assume full responsibility for any personal injury to YOURSELF. YOU agree to fully discharge OCULUS for injury, loss, or damage arising out of YOUR use of or presence upon facilities being used to host any live aspect of the Program of this Agreement, whether cause by the fault of YOURSELF, OCULUS, or other third parties, excepting willful or grossly negligent acts of OCULUS.
2.3 Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and coursework in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program(s). You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort. You also recognize that failure to achieve assigned objectives within the specified time-frames may result in Termination as described in Paragraph 1.3, without a refund of any kind, as described in Paragraph 1.6.
SECTION 3: Confidentiality
3.1 Client Confidentiality: Due to the nature of the Awaken course and the personal revelations it entails, OCULUS agrees to keep the details of personal discussions confidential to every person or entity not enrolled in the program or employed by OCULUS. YOU acknowledge that certain of these discussions will involve multiple participant(s) of the program and agree that the responsibility is on YOU to be aware of whether statements YOU make are in a group setting or a one-on-one setting. Furthermore, you agree to keep the personal discussions of other participants in the Program(s) confidential and agree to bear legal responsibility for divulging any such personal discussions to the public. Finally, you agree that OCULUS retains the right to utilize any testimonials covered by Paragraph 1.5, as well as ANONYMIZED (i.e. first name, last initial) versions of stories and coaching in sales discussions, marketing material, and other scenarios.
3.2 Course Material Confidentiality: Only authorized users, who have duly attained access to any Program(s) offered by OCULUS by personally agreeing to the terms of this Agreement are permitted to use and participate in such Program(s). Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, eBooks, Video, Audio, or any login member credentials to any third party, or use the Documentation, eBooks, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.3 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, eBooks, and other elements of the Awaken course are the sole Intellectual Property of OCULUS under United States copyright, trademark, and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and OCULUS, OCULUS and its third party licensors own and shall continue to own all right, title, and interest in and to Audio and/or Visual Presentations, Documentation, eBooks, and other elements of the Awaken course, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to Audio and/or Visual Presentations, Documentation, eBooks, and other elements of the Awaken course, or any other intellectual property rights of OCULUS, whether by implication, estoppel, or otherwise. Any and all trademarks and service marks that OCULUS uses in connection with services rendered by OCULUS are marks owned by OCULUS. This Agreement does not grant you the right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
3.4 No Recording: YOU acknowledge that YOU are not entitled to create or disseminate any audio or video recordings, and/or digital or printed copies of any part of the Program, including but not limited to related Audio and/or Visual Presentations, Documentation, Software, printed or digital materials, and other elements of the Program, unless permission to do so is explicitly granted by OCULUS.
SECTION 4: Miscellaneous
4.1 Nontransferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2 Indemnification: YOU will, at your own expense, defend, indemnify, and hold OCULUS, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3 Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and OCULUS concerning the Program(s), and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with OCULUS relating to the Program(s), whether oral or written.
4.4 Amendment: OCULUS reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.oculusinstitute.com/ascendant-legal-agreement.
4.5 Governing Law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Texas. The venue for any dispute shall be in the venue of Harris County.
4.6 Attorney’s Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorney’s fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, COMMITMENT TO THE PROGRAM, AND CONFIDENTIALITY.