MICHELLE LOWBRIDGE LIMITED

Terms of Service

This Terms of Service Agreement (the “Agreement”) is an agreement between Client (the “User”) and Michelle Lowbridge Limited . (“Company”, “we”, or “us”). We provide Users with Services as defined below (collectively, the “Services”). This Agreement explains our obligations to you, and Client’s obligations to us. This Agreement is the entire Agreement between us. By using the Site and Services in any way Client are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

We offer and teach a unique processes called Energy Editing® and Wealthology®.  We offer our services (“Offerings”) through the website http://michellelowbridge.com, and via private invitation.  Our offerings include single point services, long term programs, group programs and e-products available for purchase.

Our Offerings are non-refundable except as required by law. If Client chooses a payment plan for Client’s service, Client will be automatically billed at the time the bill is due.

Delivery of Services. For single services, Client will be asked to schedule a mutually convenient time for Client’s consultation.  For product offerings, Client will receive a link to the purchased product within 24 hours of Client’s purchase.  All other offerings will be provided to Client within the terms described at the point of purchase.

Limitations of Liability. We do not guarantee any specific results.  We are not responsible for any business loss that occurs during or after our time together.

Client agrees to:

  • Participate fully in the development of the material, by providing timely responses and other information as required.
  • Provide timely approval of the creative vision and direction.
  • Meet Client’s payment obligations, in the method and timeframe selected.

Client certify that Client is at least 18 years of age.

Client agree that the email address provided in Client’s account information is valid and that Client will keep Client’s contact information up to date.

PAYMENTS, TAXES, AND REFUND POLICY

Client agree that Client’s payment will be processed by Michelle Lowbridge Limited. Client agrees that Michelle Lowbridge Limited may charge Client’s payment method for any additional products and services purchased by you. Client are responsible for providing Michelle Lowbridge Limited with a valid payment method for payment of all fees.

If Client’s payment method for Michelle Lowbridge Limited is invalid, Client will have five (5) days to provide another method of payment or Client’s services will be suspended will be taken down until Client’s account is paid in full. Client agrees that Client is responsible for full payment of fees for the Product regardless of whether Client actually participates, completes or utilizes the Product and regardless of whether Client has selected a lump sum or monthly payment plan.

Michelle Lowbridge Limited does not refund fees. Client agrees that if, for any reason, Client chooses to cancel the Product prior to the end date of the Commitment Period, Client remains obligated to pay or continue paying any remaining outstanding balance(s) in full. To further clarify no refunds will be issued and all scheduled payments must be paid on a timely basis whether Client completes and utilizes the Product or not.

No Guarantee. Company has made every effort to accurately represent the Product and its potential benefits. Results can and do vary, therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual or company’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business or personal growth journey, desire and motivation.

Disclaimer. Michelle Lowbridge and Michelle Lowbridge Limited do not provide legal, tax, accounting or financial advice and the information provided to Client is not intended as such. Client should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.

Termination for Unprofessionalism. Company is committed to providing all Program Clients with a positive Program experience. By accepting these terms and conditions Client agrees that the Company may, at its sole discretion, terminate this agreement and limit, suspend or remove any Client from continuing at any time without a refund if the Client ceases to follow the Program guidelines, becomes disruptive or difficult to work with.

Appointments may be rescheduled with 24 hours prior notice. If Client fails to give proper notice, Client may be asked to pay an additional fee of $250 for the missed appointment.

INTELLECTUAL PROPERTY

 

CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to Michelle Lowbridge Limited, whether or not owned or developed by Michelle Lowbridge Limited, which is not generally known other than by Michelle Lowbridge Limited, and which Client may obtain through any direct or indirect contact with Michelle Lowbridge Limited.

  1. Confidential Information includes without limitation:

– business records and plans

– financial statements

– customer lists and records

– technical information

– pricing structure

– computer programs and listings

– copyrights and other intellectual property

and other proprietary information

  • Energy Editing Teachings and Processes
  • Business Techniques and Processes
  • Anything shared within the Facebook group by me or the other members (to protect each other)

–  Personal development techniques and processes

  1. Confidential Information does not include:

– matters of public knowledge that result from disclosure by Michelle Lowbridge Limited

– information rightfully received by Client from a third party without a duty of confidentiality

– information independently developed by Client

– information disclosed by operation of law

– information disclosed by Client with the prior written consent of Michelle Lowbridge Limited

and any other information that both parties agree in writing is not confidential.

PROTECTION OF CONFIDENTIAL INFORMATION. Client understands and acknowledges that the Confidential Information has been developed or obtained by Michelle Lowbridge Limited by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Michelle Lowbridge Limited which provides Michelle Lowbridge Limited with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, Client agrees to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of Michelle Lowbridge Limited. In addition, Client agrees that:

  1. No Copying/Modifying. Client will not copy or modify any Confidential Information without the prior written consent of Michelle Lowbridge Limited.
  2. Application to Employees. Further, Client shall not disclose any Confidential Information to any employees of Client, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of Michelle Lowbridge Limited.
  • Unauthorized Disclosure of Information. If it appears that Client has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, Michelle Lowbridge Limited shall be entitled to an injunction to restrain Client from disclosing, in whole or in part, the Confidential Information. Michelle Lowbridge Limited shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.

 

Covenant Not to Compete. Michelle Lowbridge Limited provides both in-person and on-line vibrational energy healing services, an educational program designed to teach others the proprietary methods and any additional services ancillary and related thereto, including any and all proprietary mindset techniques, and in the future expects to engage in additional related and unrelated businesses (all such activities engaged in by Michelle Lowbridge Limited is collectively referred to  as  the  ”Business”)

In view of the Confidential Information in the possession of the Client, now or in the future and as a material consideration and inducement to Michelle Lowbridge Limited to continue to do business with use, during the term of this agreement, Client, its employs and assigns, will not, without the prior written consent of Michelle Lowbridge Limited, alone or in combination with others or in any manner whatsoever directly or indirectly:

Contact any customer that has a past or present relationship with Michelle Lowbridge Limited   where the result of such contact could or does disrupt, interrupt or in any other way impair the Business and / or its operation, including but not limited to a reduction in the amount of business previously done or contemplated to be done by Michelle Lowbridge Limited   for such customer, or a reduction in the amount or level of services requested from Michelle Lowbridge Limited.

Marketing Guidelines

Energy Editing® Professionals: When marketing your energy healing services, you must credit the Energy Editor program.

Permitted

I’m trained in Energy Editing®

I’m an Energy Editing® Professional

I can edit energy.

I use the Energy Editing® System.

I use Energy Editing®.

Not Permitted

I’m an Energy Editor®

I’m the Energy Editor®

Disclaimer Required

When marketing your energy healing services, you must credit the Energy Editor program, however, you must also provide the following disclaimer to your clients at the beginning of the client relationship.

Legal Disclaimer

Although every effort is made to utilize the Energy Editor system to to edit energy, there is no guarantee of results.  The creator of Energy Editing and the Energy Editor Training, Michelle Lowbridge Limited, its owners and assigns do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.

Client expressly agrees that Michelle Lowbridge Limited have a legitimate business interest justifying the existence of the restrictions contained in this Paragraph 7 of this Agreement.

Remedies for Breach. The Client hereby acknowledges that its violation of the restrictions imposed hereunder would cause irreparable harm to the Michelle Lowbridge Limited and that remedies at law would be inadequate to redress any actual or threatened violation of this Agreement. It is further acknowledged that if Participant should breach the covenant of confidentiality, the covenant not to disclose or release proprietary information, or the covenant not to compete Michelle Lowbridge Limited shall be entitled o liquidated damages of $10,000 per occurrence in addition to any and all additional damages demonstrated in a court of law.

Each party agrees that, in addition to other relief, the other party may seek to enforce the foregoing restrictions by temporary and permanent injunctive relief. Any award of relief to the Michelle Lowbridge Limited in an action in which the Michelle Lowbridge Limited substantially prevails shall include recovery of the Michelle Lowbridge Limited’s costs and expenses of enforcement (including reasonable attorneys’ fees).

Third Party information. Neither party shall disclose to the other any confidential information of a third party in violation of an obligation of confidence to, or other proprietary right of, the third party. The Michelle Lowbridge Limited shall defend, indemnify and hold harmless the Client and the Client’s officers, directors, employees, contractor personnel, and Representatives from and against any claim by a third party that the Michelle Lowbridge Limited’s disclosure to the Client constituted a breach of a duty owed by the Michelle Lowbridge Limited to the third party.

Term and Termination. This Agreement shall become effective on the date first written above and shall terminate upon the happening of the longer of (a) the written notice of either party to the other of its election, with or without cause, to terminate this Agreement; or (b) the expiration of twenty four (24) months from the date first written above. Each party agrees that its obligations undertaken herein as Client with respect to Confidential Information disclosed to it, as well as any provisions of this Agreement, that by their terms, require performance after the termination or expiration of the Agreement or have application to events that may occur after such termination or expiration, shall survive and continue after any termination or expiration of this Agreement. Additionally, the parties’ obligation to protect trade secrets is perpetual.

GENERAL TERMS

Freedom of Action. Nothing in this Agreement is to be construed to preclude Client from using, marketing, licensing, and/or selling any designs, work product, processes, methodologies software, data processing or other information or material (collectively, “Material”) that are similar or related to those of Michelle Lowbridge Limited, provided that the same are independently developed without reference to Confidential Information disclosed by the Michelle Lowbridge Limited under this Agreement. From time to time, Client may have explored, and in the future is free to explore, similar business opportunities with other companies, and/or to pursue similar business opportunities on its own, including without limitation developing and/or marketing and distributing Material in competition with the other party. Subject to the specific obligations in this Agreement, such activities will not be considered a breach of this Agreement.

Relationship of the Parties. With respect to all performance of this Agreement, each party, including its employees, officers and agents, shall be considered an independent contractor, and not an employee, agent, partner, or joint venturer of the other party. Except as expressly provided in this Agreement, neither party shall have any right to act for, obligate or make commitments, express or implied, on behalf of the other.

Non-Solicitation of Employees. Each party agrees that it will not, nor will it cause, prior to the latter of (a) the second anniversary of the effective date of this Agreement, or (b) the expiration of all agreements with a term that is certain (i.e. not including perpetual agreements) and statements of work with the other party, directly or indirectly, solicit the services of (for employment, consulting or otherwise), accept the services of, or employ or engage any person who is now employed by the other party and with whom the party has had contact as part of its business relationship with the other party; provided, however, that neither party shall be prohibited from: (a) conducting generalized solicitations for employees (which solicitations are not specifically targeted at the other party’s employees) through the use of media advertisements, professional search firms or otherwise; or (b) seek to employ and employ any person who contacts the party on his or her own initiative without any solicitation from such party (other than general solicitations permitted under clause (a).

 

Assignment.  Neither party shall assign this Agreement without the written consent of the other.

Additional Services and Products.  We may, in the future, offer new services. For the avoidance of doubt, such new services shall be subject to the terms and conditions of this Agreement.

No Warranty. Client acknowledges and agrees that the Confidential Information is provided on an AS IS basis. Michelle Lowbridge Limited makes no warranties, express or implied with respect to the confidential information, and hereby expressly disclaims any and all implied warranties of merchantability and fitness for a particular purpose. In no event shall Michelle Lowbridge Limited be liable for any direct, indirect, special, or consequential damages in connection with or arising out of the performance or use of any portion of the confidential information. Michelle Lowbridge Limited does not represent or warrant that any product or business plans disclosed to Client will be marketed or carried out as disclosed, or at all. Any actions taken by Client in response to the disclosure of the Confidential Information shall be solely at the risk of Client.

Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform beyond their control, including, but not limited to strike, fire, flood or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay.  The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.

Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested at the address first set forth above.  Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.

Indemnification.  Client shall indemnify, defend and save harmless Company, its officers, agents and employees from and against any and all loss, cost (including attorneys’ fees), damage, expense and liability (including statutory liability and liability under workers’ compensation laws) in connection with claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings, arising out of any act or neglect by Company, its agents, employees, contractors, Clients, invitees, representatives, in, on or about the operation of the Program. This indemnity shall survive the termination of this Agreement. Client hereby releases Company from any and all liability or responsibility to Client or anyone claiming through or under Client by way of subrogation or otherwise for any loss or damage to equipment or property of Client covered by any insurance then in force.

Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

 

Choice of Law, Forum. This Agreement shall be governed by the laws of the United Kingdom, without reference to or use of any conflicts of laws provisions. The parties hereto agree that with respect to any disputes, actions, suits or proceedings arising in connection with this Agreement, venue will be in the United Kingdom in the action is brought by participant against Michelle Lowbridge Limited.  In the event an action is brought by Michelle Lowbridge Limited against the participant, suit may be filed in the United Kingdom, or in the home country of the participant.  Michelle Lowbridge Limited retains and reserves all rights to enforce this agreement internationally, without borders.

Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.

 

Modification.

These terms and conditions may not be modified by you.The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.Michelle Lowbridge Limited will attempt to notify Client when major changes are made to this Agreement but Client should periodically review the most up-to-date version at http://michellelowbridge.com/.

 

Entire Agreement and Amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.

Printed Version. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.