Terms of Use
Terms of Use Agreement and Liability Disclaimer
Dana Bagnall has produced the “real world” physical courses, virtual online courses, and their videos, documents, and other associated content (hereinafter inclusively referred to as “Online courses”) under the auspices of Making a Difference Because You Matter and all sub-companies thereof. When you purchase our Online Courses, you agree to this Terms of Use and Liability Waiver.
All sales are final after 30-days for our Online Courses. No refunds are issued for online courses once the 30-days are completed. The supplies and documents used for any exercises, meals, prayers, or advice are not included in the Online Courses’ purchasing price.
1. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials.
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
6. Links
The School has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Use.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
Our Online Courses’ information is for educational purposes only and is not intended to provide a medical diagnosis or substitute for medical advice. Our exercises, meals, prayers, and guidance offered in our Online Courses are designed for people who want to acquire tools that may help them change their lives. However, we make no representations, guarantees, or warranties that the information or exercises, etc., in our Online Courses are appropriate for you or improve your medical and spiritual condition or function. Our Online Courses’ information is by no means complete or exhaustive and therefore does not apply to all conditions, disorders, and health-related issues. The information and instruction in this Online Courses are not intended to be “therapy” or medical advice, especially since we have not personally examined you and prescribed information specific to your condition. Any use of the terms “prescribe” or “prescription” in the Online Courses refers to the precision with which our advice, exercise, and meals should be done. It is not intended to mean that they are explicitly prescribed for you or your condition(s). Any reference to or mention of any diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your specific problems.
Before you begin any physical exercises or diet changes advised in the Online Courses, you should get medical clearance from your physician or physical therapist if you have any medical conditions, diseases, injuries, or disabilities. By purchasing, participating in any of our free courses, these Online Courses and embarking on a journey in it, you are assuming the risk that our exercises, food, advice may not be appropriate for you and may increase your pain or cause you to have new pain or new symptoms. It is normal to experience some soreness after exercising or changing your diet if you are not used to it. However, if you have pain and your pain increases, moves to a different location, or new or other symptoms arise after doing an exercise, you should stop and seek advice from a physician or physical therapist.
By purchasing these Online Courses, Dana Bagnall, under the auspices of Making a Difference Because You Matter and its companies under such, grants you a nonexclusive, non-transferable, revocable license to access and use our copyrighted Online Courses and any associated materials solely for your own personal and non-commercial use. Our Online Courses are protected under the United States and foreign copyrights. The copying, redistribution, service, or publication by you of any of the content within our Online Courses is strictly prohibited. Your purchase of our Online Courses does not grant you any ownership rights to our Online Courses. Any breach in terms of this agreement may result in the termination of your access to the Online Courses materials.
Our Online Courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant the accuracy of such content. We will not have any liability or responsibility for third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Our Online Courses are intended solely for users at least 18 years of age or older. Any use of or access to our Online Courses by anyone under such is unauthorized, unlicensed, and in violation of these Terms of Use. By purchasing our Online Courses, you represent and warrant that you are 18 years or older and that you agree to and to abide by all the terms and conditions of this Agreement. Under the auspices of Making a Difference Because You Matter, Dana Bagnall has sole right and discretion to determine whether to sell our Online Courses to any individual and may reject a purchase by any individual with or without explanation.
We will respond quickly to claims of copyright infringement as found in our Online Courses, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as seen under United States law (17 USC. § 512). If you believe our Online Courses infringe any copyrights, please provide us with a written notice via mail, fax, or email that contains the following information:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(2) A description of the copyrighted work that you claim has been infringed.
(3) A description of where the material that you claim is infringing is located on our Website.
(4) Your address, telephone number, and email address.
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur using your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
THE CONTENT PROVIDED IN OUR Online Courses IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. Dana Bagnall, under the auspices of Making a Difference Because You Matter., INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. Dana Bagnall, under the auspices of Making a Difference Because You Matter. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT. Dana Bagnall, under the auspices of Making a Difference Because You Matter. DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED, WITHOUT LIMITING THE FOREGOING. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL Dana Bagnall OR HER COMPANIES AND CORPORATIONS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS VIDEO WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. Dana Bagnall’s’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE VIDEO(S) WE PROVIDE BEFORE THE EVENT GIVING RISE TO LIABILITY.
This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of California without giving effect to the principles of conflict of laws. Any cause of action by you concerning our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law. The remaining portions shall remain in full force and effect.
This Agreement shall take precedence to the extent that any Content is in conflict or inconsistent with this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.