Terms of Service
Terms of Purchase to be agreed to prior to purchasing the Energetic Allergy Healing Program:
You are purchasing the Energetic Allergy Healing Program. The following Agreement is the Terms of Purchase for this program. Please read it carefully. If you do not agree to the following terms, DO NOT PURCHASE the program. By purchasing the program, you are accepting the following Agreement, and you agree to and are bound by the following terms.
1. Parties: For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Kimberlie Pengelly is referred to as “Company.” The term Company includes all agents, subsidiaries, employees, and partners. 2. Term: This Agreement begins on the date you purchase Energetic Allergy Healing Program and remains intact throughout your use of the Program content which includes the recordings made and shared in the program and thereafter. 3. Product: Client has purchased the Energetic Allergy Healing Program, which includes a proprietary method of energy healing that focuses on allergies. The Program and the Recordings done in the program cover several categories and items to which people may be allergic. Client understands that in order to receive optimal healing benefit, client must follow directions given by Kimberlie as outlined by her in the program. 4. Instructions: CLIENT AGREES TO FOLLOW THE INSTRUCTIONS GIVEN IN THE PROGRAM. 5. Payment: Client agrees to pay the total fee that is listed on the website. 6. Refunds: Company does not offer refunds. 7. Intellectual Property: Company reserves all ownership rights to the Energetic Allergy Healing Program and the Recordings made and given to the client in the Program. Company provides Client with a single-user license authorizing Client to use the Recordings for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the Recordings for either commercial or non-commercial purposes. 8. Sharing: Not only is sharing the Recordings an intellectual property rights violation, it is also unsafe for the person Client may be sharing with as they will not receive the instructions and warnings received during the Program. PLEASE DO NOT SHARE THE RECORDINGS. 9. No Guarantees; Testimonials NO GUARANTEES: Company makes no guarantees about the results Client will receive when participating in the Allergy Healing Program and listening to the recordings made and given in the program. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to the severity of your allergies, how closely you follow the instructions, how many times you listen to the Recordings, in addition to other factors that you and/or Company may not be able to anticipate. 10. DISCLAIMER: The Allergy Healing Program are not meant to prevent, diagnose, treat, or cure any condition you may be experiencing. They are not meant to replace the advice or care of your team of healthcare professionals. 11. SEVERE OR LIFE-THREATENING ALLERGIES: Client understands and agrees that if Client has severe or life-threatening allergies, it is Client’s responsibility to disclose this information with Kimberlie Pengelly before working with the Allergy Healing Program and its Recordings. IF YOU HAVE SEVERE OR LIFE-THREATENING ALLERGIES PLEASE DO NOT PROCEED WITH THE PROGRAM UNTIL YOU HAVE TALKED DIRECTLY TO KIMBERLIE PENGELLY AND CONSULTED WITH YOUR PHYSICIAN. Client also understands and agrees that it is Client's’ responsibility to take the necessary precautions to avoid severe and life-threatening allergens and to take necessary precautions. IF YOU HAVE SEVERE OR LIFE-THREATENING ALLERGIES, YOU MUST CONTINUE TO TAKE THE NECESSARY PRECAUTIONS EVEN AFTER LISTENING TO THE RECORDINGS. IF YOU HAVE PREVIOUSLY NEEDED AN EPIPEN, CONTINUE TO HAVE THE EPIPEN ON HAND UNTIL YOU AND YOUR HEALTHCARE PROFESSIONALS ARE CONFIDENT IT IS NOT NEEDED. IF YOU HAVE SEVERE OR LIFE-THREATENING REACTIONS TO CERTAIN ALLERGENS CONTINUE TO BEHAVE AS THOUGH THOSE SAME REACTIONS WILL OCCUR UNTIL YOU AND YOUR HEALTHCARE PROVIDERS ARE CONFIDENT YOU WILL NO LONGER EXPERIENCE THE SEVERE OR LIFE-THREATENING REACTIONS. IF YOU EXPERIENCE SYMPTOMS OF A SERIOUS ALLERGIC REACTION, CALL 911 OR GO DIRECTLY TO THE NEAREST EMERGENCY ROOM. Additional Note on Severe Allergies: Client understands and agrees that severe allergies may require one-on-one sessions with Kimberlie Pengelly in addition to the Program. 12. Warranties: Both Company and Client warrant that they have full authority to enter into this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED. 13. Assignment: This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company. 14. Whole Agreement: This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements. 15. Modification; Waiver: The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity. 16. Severability: If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar. 17. Limited Liability: THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. KIMBERLIE PENGELLY AND ENERGETIC ALLERGY HEALING ARE NOT LIABLE FOR ANY INJURY CAUSED BY AN ALLERGIC REACTION. CLIENT TAKES 100% RESPONSIBILITY TO PROTECT AND TREAT HERSELF IN THE CASE OF AN ALLERGIC REACTION. 18. Notices: All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to Company’s principal place of business, and Client’s address provided when purchasing the Recordings. 19. Dispute Resolution; Costs and Fees; Applicable Law/Venue: Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by mediation in the State of Washington with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies. Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in the State of Washington. If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.