By purchasing and/or participating in RESET Membership Community (hereafter “RESET”), you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing, or using Witted Roots, LLC (hereafter the “Company”) proprietary materials which include any written, audio or visual presentations or documents associated with RESET.
If you do not understand or do not accept this agreement, please do not purchase this membership and do not access any of the Company’s proprietary materials.
The terms “Company”, “we”, “us”, and “our” refer to Witted Roots, LLC. The term “Site” refers to wittedroots.com. The term “Client”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s company) and any other users of the site. The terms “Service” and “Program” refers to the services included in RESET membership as outlined below.
Use of the Service, including all information and educational materials presented herein by Witted Roots, LLC, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By purchasing the membership, checking the box below in the checkout process, and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
1. Scope of Services
(a) RESET membership includes the following services:
- Weekly Live Sessions led by experts in various topics related to mental health and emotional wellness.;
- Bi-Weekly Holistic Sessions led by practitioners offering guidance through practices such as meditation, yoga, etc.;
- Bi-Weekly Co-Journaling Sessions to create a dedicated silent space and time for intentional, focused self-reflection as a community;
- Weekly self-reflection exercises shared by the Witted Roots team.;
- Access to a private Musings Dashboard with the Witted Roots team and other members of RESET;
- Access to RESET materials, including but not limited to, workbooks, worksheets, guides, etc.;
The RESET Services may only be accessed while you are a current paying member of the RESET membership community.
(b) Any other additional services provided by the Company to Client beyond the scope of the RESET membership Client now purchases may require additional fees to be discussed and agreed upon by the parties.
PLEASE BE ADVISED: While the company will make all reasonable attempts to staff courses, sessions, workshops, classes, and other services set forth in this agreement according to client’s expectations, THE COMPANY MAKES NO GUARANTEE TO STAFF ANY PARTICULAR TEAM MEMBER FOR ANY EVENT. THE COMPANY RESERVES THE RIGHT TO MAKE ALL STAFFING AND PERSONNEL DECISIONS PURSUANT TO THE COMPANY’S OWN DISCRETION AND THE AVAILABILITY AND CAPACITY OF ITS TEAM MEMBERS.
2. Client Duties
(a) Payment. In consideration for the Services provided as set forth in Section 1 above, you agree to pay us as follows:
(i) RESET: You agree to pay us the current membership fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments as selected at purchasing. If you pay for 12 months in advance, you agree that you will automatically continue to be charged on a month-to-month basis after the first 12 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
(b) Payment Date. The Company will bill Client monthly on the same day, beginning on the date of their subscription (the Monthly Payment Date). If the Monthly Payment Date is on the 29th, 30th, or 31st, then upon reaching a month that does not contain 29, 30, or 31 days (whichever applies), the Monthly Payment Date shall default to the last day of the month and revert to original payment date thereafter. To illustrate:
If a subscription is purchased on the 31st December 2020, the next 4 payments will be charged on:
- 31st January 2021
- 28th February 2021 (The last day of a month which does not contain a 31st day).
- 31st March 2021
- 30th April 2021 (The last day of a month which does not contain a 31st day).
(c) Late Payment Fee. If any fee outlined in paragraph (a) remains unpaid on the third calendar day following its due date, Witted Roots reserves the right to assess a penalty fee of ten percent (10%) of the payment due at its own discretion. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding membership fees and assessed penalties are paid in full. If your membership fees remain unpaid 30 days after the initial due date, your account will be referred to our collections agency.
(d) Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
(e) Tools To Be Provided by You. You agree to provide all tools, information, and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
(f) Additional Client Duties. You understand that your success in the membership is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us, if needed.
The term of this Agreement shall begin on the date of first payment for the Services – and continue until you or we terminate your membership.
4. Cancellation and Refunds
You may not cancel any RESET monthly membership which you have already purchased and whose subscription period has already begun. We will issue no refunds under any circumstances.
You may cancel future RESET monthly memberships for any reason with 15 calendar days’ notice prior to the billing of such membership or membership renewal. You will continue to be charged the monthly fees and continue to have access to the membership until the 15-day notice period is complete. Your initial membership payment is non-refundable. To cancel your membership, contact firstname.lastname@example.org. Once your membership is canceled, you may be prohibited from rejoining the Membership for a period of 6 months from the date of cancellation.
For annual members:
You may cancel your membership in the membership at any time for any reason by providing written notice to us. Upon cancellation access to the Services will be terminated. However, cancellation of the Services and/or this Agreement by you will not extinguish your obligation to pay the full annual membership fee as specified in Paragraph 2. In the event you cancel your membership, you will remain obligated to pay all remaining unpaid membership fees in full. We may cancel your RESET membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of membership fees to be calculated based on the time left in the program. Notwithstanding our obligation to refund prorated membership fees in the event of our cancellation of your membership, no other partial or full refunds will be given to Client for any reason on any date. Neither Client’s cancellation, nor Client’s failure to effectively participate in the program, are grounds for a refund.
5. No Guarantees
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
6. No Psychological/Psychiatric/Medical Services and No Therapist-Client Relationship
You understand that enrollment and participation in the Services does not amount to a Therapist-Client relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for psychological/psychiatric/medical services. You understand that, with respect to the Services, Company’s founder, employees and contractors are not acting in their capacity as mental health & emotional wellness professionals and no statements or information made by Company’s founder, employees and contractors shall be construed as psychological/psychiatric/medical advice. You further understand that, although psychological/psychiatric/medical information may be communicated to you during the Services, such information is not psychological/psychiatric/medical advice. Your reliance on such psychological/psychiatric/medical information is at your own risk.
(a) Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Participant Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow participants in the Membership (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Musings Dashboard or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Company Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Musings Dashboard or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Membership. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement: Client shall, during and after the participation in the Membership refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(e) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
8. Independent Contractors
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
9. Ownership of Intellectual Property
Client agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Membership is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
10. Representations and Warranties
(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
11. Limitation of Liability
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 7, 9 AND 19.
12. Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
13. Entire Agreement; Modification; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
14. Neutral Construction
These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
15. Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Witted Roots, LLC
13327 228th Street
Laurelton, NY 11413
To Client at Client’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
18. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Queens County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
19. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
21. Force Majeure. We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, or power failure.
Have questions about these Terms & Conditions? Email us – reset [at] wittedroots [dot] com