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THRIVER Community
$780/month for 5 payments
120 Day Access to the Thriver Community
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Terms of Service
This Terms of Service constitutes a legally binding agreement between you (“you” or “Participant”) and BAT Productions, LLC, a Nevada limited liability company doing business as Raw Motivations (“Raw Motivations”), and governs your use and access to the software, services, content and products made available to you through the Raw Motivations platform located at rawmotivations.com (the “Platform”). Raw Motivations and Participant may also individually be referred to as a “Party” and collectively as the “Parties.”
By clicking the “
I Agree to the Terms of Service
” box, you agree to be bound by these Terms of Service.
SECTION 10 OF THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS – WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.
1)
Access and Use of the Services
. To be eligible to purchase and access the Services, you must be at least 18 years of age and accept these Terms of Service and the
Raw Motivations’ Additional
Terms which are expressly incorporated by reference as though fully set forth herein (collectively, the “Agreement”). Subject to Participant’s compliance with the terms of this Agreement, Raw Motivations hereby grants to Participant a non-exclusive, non-transferable, non-assignable right to access and utilize the ordered Services.
Services are non-cancellable and fees are non-refundable.
2)
Account Security
. You are responsible for maintaining the confidentiality and security of account login information. You must immediately notify Raw Motivations of any unauthorized use of your account or login credentials.
Raw Motivations shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
3)
Term
. Services are purchased on a subscription term basis, commencing on the purchase date and continuing for the term stated in the Platform purchasing portal associated with the ordered Services.
4)
Fees
. Participant hereby authorizes payment of the fees for the selected Services.
TO THE EXTENT YOU HAVE SELECTED A PAYMENT PLAN, FEES WILL BE CHARGED ON A RECURRING BASIS UNTIL THE FEES FOR THE SELECTED SERVICES ARE PAID IN FULL.
a)
Non-Refundable Fees
. Fees are non-refundable. Participant is liable for all fees for the Services for the entire subscription term.
THERE ARE NO CREDITS OR REFUNDS IN THE EVENT PARTICIPANT IS UNABLE TO ATTEND ANY ASPECT, OR OTHERWISE UTILIZE ANY, OF THE SERVICES. MAKE-UP SESSIONS ARE NOT AVAILABLE AND THE SUBSCRIPTION TERM SHALL NOT BE EXTENDED FOR ANY REASON.
b)
Late Payments; Services Suspension
. Raw Motivations reserves the right to suspend the Services or terminate this Agreement for payments that are more than
five (5) days
past due. Late payments will accrue interest charges at the greater of 1.5% monthly or the highest interest rate allowable under applicable law. In any dispute involving monies owed to Raw Motivations, Participant shall reimburse Raw Motivations all costs of collection, including reasonable attorney’s fees.
5)
DISCLAIMERS
a)
NO MEDICAL OR MENTAL HEALTHCARE ADVICE
. THE SERVICES CANNOT REPLACE, NOR IS IT INTENDED TO REPRESENT, A HEALTH CARE PATIENT-PROVIDER OR OTHER MENTAL HEALTH PATIENT-PROVIDER RELATIONSHIP. THE SERVICES, PLATFORM, AND RAW MOTIVATIONS’ CONTENT MADE AVAILABLE TO PARTICIPANT SHOULD NOT BE CONSTRUED AS OFFERING SUCH MEDICAL OR MENTAL HEALTH CARE ADVICE. PARTICIPANT IS SOLELY RESPONSIBLE FOR PERFORMING THEIR OWN DUE DILIGENCE CONSULTATION BEFORE MAKING ANY MEDICAL OR OTHER MENTAL HEALTH CARE DECISIONS.
b)
WARRANTY DISCLAIMER: NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW
, THE SERVICES, PLATFORM, AND RAW MOTIVIATIONS’ CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “
AS IS
”. RAW MOTIVATIONS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, PLATFORM, OR RAW MOTIVIATIONS’ CONTENT WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS.
EXCEPT WHERE PROHIBITED BY LAW
, RAW MOTIVATIONS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SERVICES, PLATFORM, OR CONTENT.
c)
DISCLAIMER OF THIRD PARTY SERVICES
. RAW MOTIVATIONS DISCLAIMS ANY AND ALL LIABILITY FOR ANY THIRD PARTY SERVICES MADE AVAILABLE TO PARTICIPANT IN CONNECTION WITH THE SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAW MOTIVATIONS MAKES NO WARRANTIES
REGARDING THIRD PARTY CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6)
Confidentiality
. Participant has a duty to maintain the confidentiality of any Confidential Information provided to Participant through the Services and shall be subject to, and agrees to comply with, Raw Motivation’s
Confidentiality and Non-Disclosure terms
set forth in the
Raw Motivations’ Additional Terms
.
7)
Intellectual Property
– Reservation of Rights
. Raw Motivations and its licensors own all right, title and interest in and to the Raw Motivations’ Intellectual Property. Participant’s use of the Services are subject to the use restrictions and licenses terms set forth in the
Raw Motivations’ Additional Terms
.
8)
Recorded Coaching Sessions
. Certain coaching sessions may be recorded by Raw Motivations. Participant will be provided notice and the opportunity to consent prior to any such recording. All recordings will be used solely for purposes of providing the Services to Participant and for internal use for purposes of improving the Services. All recordings shall be considered the Confidential Information and Intellectual Property of Raw Motivations.
9)
Termination
. Raw Motivations may terminate this Agreement immediately if Participant (i) violates any Services-related policies and procedures, (ii) fails to make timely Services-related payments, and/or (iii) otherwise breaches any material terms of this Agreement. Participate may terminate this Agreement if Raw Motivations breaches any material terms of this Agreement and fails to cure such breach within
thirty (30) days
after receipt of written notice of such breach.
In the event of a termination by either Party, all outstanding Services fees shall immediately become due and payable.
The following Sections survive termination of this Agreement: Individual Binding Arbitration, Confidentiality, Disclaimers, Indemnification. Limitation of Liability, and Choice of Law.
10)
Individual Binding Arbitration
. Any claim or controversy with Raw Motivations arising out of or relating to the Services, Raw Motivations’ Intellectual Property, and/or this Agreement (including formation, interpretation, performance and breach of the Agreement) shall be settled by binding arbitration administered by the
American Arbitration Association
in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) shall be final and binding upon the parties, and any judgment on the award may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. § 1 et. seq., shall govern the interpretation and enforcement of this Agreement. ANY ARBITRATION WILL BE ON AN
INDIVIDUAL BASIS ONLY
. THE PARTIES EXPRESSLY
WAIVE
THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. EACH PARTY IS EXPRESSLY
WAIVING ITS RIGHTS
TO A TRIAL BY A
JUDGE OR JURY
. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE. Fees associated with any arbitration initiated under this Agreement shall initially be borne equally by the Parties, provided however that the prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration. Notwithstanding the arbitration provisions set forth herein, either Party may seek relief in small claims courts for claims within the scope of that court’s jurisdiction.
11)
Indemnification
. Participant shall indemnify, defend, and hold harmless Raw Motivations and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, attorneys, licensors, and each of their respective successors and assigns (the “Raw Motivations Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Raw Motivations Indemnified Parties arising out of or relating to Participant’s acts or omissions and/or breach of the terms of this Agreement.
12)
Limitation of Liability
. IN NO EVENT SHALL RAW MOTIVATIONS’, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, LICENSORS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, (A)
EXCEED THE TOTAL AMOUNT OF FEES PAID BY PARTICIPANT UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE CLAIM, OR (B)
BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Participant hereby acknowledges and agrees that the limitations on liability set forth in this Agreement is a fundamental part of the basis of bargain hereunder, without which Raw Motivations would not enter into this Agreement or provide Participant with the Services and that the Services fees reflects the allocation of risk agreed upon by the Parties.
13)
Miscellaneous. Force Majeure.
Any delay in the performance of any duties or obligations of Raw Motivations will not be considered a breach of this Agreement if the delay is caused by an event beyond its reasonable control.
Independent Contractors
. The Parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created herein between the Parties.
Severability
. The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
Modifications
. No modification of this Agreement shall be effective unless it is in writing and signed by an authorized representative of each Party.
Choice of Law
. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida without regard to or application of Florida’s conflict of law principles. The Parties consent to the jurisdiction of the State of Florida, County of Polk, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
Assignment
. Participant shall not assign any of the rights or obligations under this Agreement without the prior written consent of Raw Motivations.
Successors and Assigns
. This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.
No Waiver
. No failure or delay by a Party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.
Interpretation
. Headings are for reference purposes only and do not limit the scope or extent of such section.
Notices
. All notices required or permitted to be given under this Agreement will be in writing and delivered to:
BAT Productions, LLC dba Raw Motivations at 39873 Highway 27, Ste 502, Davenport, Florida 33837
and to Participant at the address and email provided through the Platform in connection the ordered Services.
14)
Entire Agreement
. This Agreement, and the terms of any Services offering selected through the Platform, comprises the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.
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