Power of 90 Days Presented by Spuggz, LLC
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Power of 90 Days Warrior Membership Agreement PONDWARRIORMA071424-V1-JLD-NP I DETAILS & GENERAL DEFINATIONS a) Power of 90 Days is a dba of Spuggz, LLC, a Nevada entity since 2012, herein known as Spuggz/POND. Spuggz/POND provides online and printed programs for the purpose of self-improvement. Our programs help those who want/need self-improvement, addiction recovery, harm reduction, mental health recovery, physical health recovery, and continuing recovery & aftercare. These are our Warrior programs. b) Members are allowed to maintain only one (1) Warrior account. If a member would also like to be a Standing Up for Recovery sponsor, member must use an alternate email address and screen name to register for a Standing Up for Recovery membership. c) To help protect our Warriors, and to help keep our forums free from trolling, catfishing and spam, our Warriors forums are restricted to registered Warriors Members only. Access to our forums is by Member’s email address, username, and password. Member’s use of our programs and forums is conditioned by Member’s agreement to abide by this Warrior Agreement. d) Members are allowed to access our programs and forums on the basis that: · Member must be of legal age according to the U.S. State, or international country, in which they reside to register for a Power of 90 Days Warrior program, or have the signed permission of a parent or legal guardian. (See Children’s Online Protection Act at the bottom of this Agreement. · Member’s email address, username, and password are personal to Member and may not be used by anyone else to access the forums. · Members will not do anything that would assist anyone who is not a registered user to gain access to “Member Only” areas of the Spuggz/Power of 90 Days/Standing Up for Recovery websites, programs, or forums. · Members cannot impersonate another Member for any reason. · Members will choose a username and password upon completing the registration process. · Members shall have the opportunity to add a picture or avatar. Members can visit their profile at any time to add/remove/change their profile photo as well as change their username, password, and email address. · Members are fully responsible for the content posted as part of Member’s profile. · Only Members registered for the Warriors program (and Spuggz/Power of 90 Days coaches and representatives) have access to another Warrior’s Member’s Profile Page. · Members can select which information on their Member Profile they wish to keep private. · Member states that all information provided in Member’s profile is accurate, true, current, and complete. Spuggz may terminate Member’s account if any of the information provided is found to be inaccurate, false, out of date, or incomplete. · Members agree to immediately notify Spuggz of any unauthorized use of Member’s username and password or any other breach of security regarding Member’s membership. Members can notify us by sending an email to support@spuggz.com or from our “About Us/Contact Us” webpage. · Members ensure they will logout at the end of each session. Spuggz cannot and will not be liable for any loss or damage arising from Member’s failure to log out. · Member understands that all submitted User Content is the sole responsibility of the person who submitted the content and does not reflect the views or opinions of Spuggz/POND, its representatives, affiliates, or sponsors. · Member understands that by using the Spuggz/Power of 90 Days/Standing Up for Recovery websites, programs, or forums, Member may be exposed to User Content that is opinionated, offensive, indecent, or objectionable. Under no circumstances will Spuggz/POND be liable in any way for any User Content or materials, including, but not limited to, for any errors or omissions in any content or materials, or for any loss or damage of any kind incurred as a result of the use of any User Content, or otherwise made available via any of the Spuggz/Power of 90 Days/Standing Up for Recovery forums. a) Member warrants they are of legal age (legal age as determined by the U.S. state, or international country, in which the Member resides) to register and participate in the Power of 90 Days Warrior programs or has the express written permission of their parent or guardian to execute this Agreement. (Legal guardian must sign and date each page of this agreement. Additionally, parent/guardian must add the following information to the last page of this Agreement; the names of the parent and the Warrior, birthdate of the Warrior, and the parent/guardian’s phone number and eMail address. Parent/guardian must scan, and email signed Agreement to support@spuggz.com.) b) Members understand the Power of 90 Days programs are delivered through 30-day Warrior memberships, are available online 24/7, and are available from any digital device. It is suggested that Members access their program from a tablet, laptop, or desktop computer as content tends to be small and reformatted when viewed on a smartphone. This can make it difficult to fully engage and understand the program. c) Members also understand the program is designed to move them toward their goal, one day at a time, with daily topics, supporting activities, assignments, tasks, and daily worksheets. To receive the maximum benefits of the program, and to stay on track, Member should view the new topic and perform the accompanying assignments, activities, tasks, and worksheets each day. d) Members understand that all workbooks, journals, lessons and other supporting documents and information are provided online a digital format and are available to the Member as a download and should be printed for daily assignments, challenges, and activities. e) Members understand that a new session/topic is provided each day through the Warriors forum. Should Warrior feel they would like a more regimented recovery program, they can purchase Power of 90 Days 90-day modules that are delivered in a specific order to build upon the previous day’s information and challenge. f) Members understand the forums are available 24/7 and is driven by Member input and activity. Spuggz/POND representatives and coaches may or may not comment on Member postings. Occasionally, a question will be posted by Spuggz/POND. Members are not required to answer or participate in the forum, or any questions or topics posted by Spuggz/POND. g) Offensive, defamatory, indecent, or objectionable postings will be removed, and the Member will be warned against making future posts of the same nature. h) Members understand they will be exposed to postings from other Members, coaches, and a variety of sources. While Spuggz/POND will diligently monitor postings and remove inaccurate or offensive content as swiftly as possible, Spuggz/POND provides forums as a way for Warriors to have a platform to connect and interact. Spuggz/POND, its affiliates, representatives, coaches, and other users cannot be responsible for the accuracy, usefulness, reliability, or intellectual rights of User Postings, nor can Spuggz/POND be responsible for any reaction that Member may have to anything posted on the forum. i) Members also understand they may be exposed to postings that may be offensive, defamatory, indecent, or objectionable on the forums. Members waive any legal or equitable rights or remedies they might have against Spuggz/POND, its representatives, or any of the Spuggz/POND participants with respect to posted content. Spuggz/POND, its affiliates, representatives and coaches do not endorse any user postings, opinions, advice, or recommendations. j) Disclaimer: Spuggz, LLC and the Power of 90 Days Programs do not offer any cure for any emotional, spiritual, physical, or medical condition. We offer guidance and education on self-improvement and how a person can potentially recover from addiction, depression, or anxiety. It is important for each Member to use the information, education, and guidance they receive through our programs as they best see fit for their own personal situation and/or condition. k) No statement, information provided, or implied treatment and guidance offered on our website or through our programs, has been evaluated or approved by the FDA. All statements, opinions and guidance offered through our program are provided for educational and informational purposes only and are not intended to diagnose or treat any medical, physical, or emotional condition. l) Any discussion/forum that a Member participates in is completely voluntary. Should any Member feel they need help or support over and above the services the Spuggz/POND provides, they are encouraged to seek professional help through their physician, therapist, or psychiatrist. m) The views, health and nutritional advice expressed by Spuggz/POND are not intended to be a substitute for conventional medical service. If Member has a severe medical condition or health concern, they are strongly encouraged to see their physician. n) Members understand they need to thoroughly read the Forum Terms & Conditions, and the Spuggz Privacy Policy, located on our “Legal Notices” webpage at www.Powerof90days.com. o) Member agrees to receive all invoices and renewal reminders electronically, via email address used by Member at time of registration. Members accept full responsibility for checking their email regularly. Should Member’s email address change, it is the Member’s responsibility to adjust and correct their email address. Members can make changes from their Member Profile Page. p) Customer Service & Support: Member should feel free to contact corporate using the contact information located on the “About Us/Contact Us” page on our website. eMail: support@spuggz.com - www.Powerof90Days.com q) Program fees are payable at the time of registration and are billed in U.S. dollars via Visa, MasterCard, American Express or Discover. Access to programs will start immediately after registration and successful payment. Members will be notified via email that their registration has been completed. Email will contain a link to the Homepage where Member can access the program. r) Spuggz/POND reserves the right to cancel any program due to unforeseeable circumstances. Should this occur, all Members that have been affected will have their unused program fees refunded to the method of payment Member used to register. s) All Spuggz/POND programs are presented in English. To obtain the most benefits from the program, Member should be able to read and speak English proficiently. t) Because the Spuggz/POND programs are presented online, Members can reside anywhere in the world. However, not all third-party resources may be available in countries other than the United States. Additionally, international transaction fees may be charged for payments made from outside of the United States. u) Term. Our recovery programs are designed for 90 days and are delivered in 30-day increments. Members have a seven-day (7) grace period to renew their Warrior membership before they lose access to the program. Memberships that have not been renewed within 14 days after expiration date are automatically converted to a free Community membership. v) Additional Expenses. Members understand there are additional expenses that are not covered in the registration fee. These expenses include, but may not be limited to, copy paper, printing ink or toner, and 3 ring binders. Members will need access to a digital device (computer, tablet, smartphone) to access the online course. Additionally, the Member will need access to a printer and a 3-hole punch. THIS POWER OF 90 DAYS WARRIOR AGREEMENT ("Agreement"), is made and entered into as of the date of online registration by Member. Authorization from a parent or guardian is required for the Member to enroll if the Member is under the legal age to participate as determined by the U.S. State or international country in which Member resides. While every effort has been made to encompass and cover as much information as possible, this Agreement may not cover everything as situations may change and new situations may arise. If adjustments, amendments, or further clarification is required, it shall be done in a written format. II MEMBER CODE OF CONDUCT The following are examples of the personal standards the Spuggz/POND expects from all of our Members. This list is not all-inclusive and is designed to set the guidelines and mindset for respectful and progressive conduct. Members of the Power of 90 Days Programs who willfully ignore or break our Member Code of Conduct may have their program access terminated. If terminated for willfully breaking the Member Code of Conduct, Member will not receive a refund for program fees. § Members agree to enter into the Power of 90 Days Programs with an open mind and willingness to change and remove the things from their life that harm them and add or expand the things that help them on their road to self-improvement and/or recovery. § Members agree to view or read each day’s session/topic, and do their best to complete all assignments, activities, tasks, and worksheets. If a session/day is missed, Member understands that making it up as soon as possible helps to keep them on track. § Members will not misrepresent Spuggz or the Power of 90 Days Programs, its services, capabilities, associations, other Members, affiliates, representatives, or coaches and may not cause a negative impact on a Member, affiliate, representative, coach, Spuggz or the Power of 90 Days Programs. § Members will not use obscene language, act in any manner that could be interpreted as harassment, be it sexual, racial, religious or any other type of harassment, or be rude, discourteous, or use offensive conduct toward other Members, affiliates, representatives, or coaches of Spuggz or Power of 90 Days during online sessions, group coaching/sessions, private coaching, forums, or any other platform used by Spuggz/Power of 90 Day/Standing Up for Recovery.§ Members will not create or contribute to a hostile environment during online sessions, group coaching/sessions, private coaching, Discussion & Sharing Forums, or any other platform used by Spuggz/Power of 90 Day/Standing Up for Recovery. § Members will not be threatening, intimidating, coercing, or interfering with other Members, affiliates, representatives, or coaches of Spuggz or the Power of 90 Days Programs. § Members will not threaten or use actual physical violence or force against other Members, affiliates, representatives, or coaches of Spuggz/POND. § Member will not use contacts made through Spuggz/Power of 90 Day/Standing Up for Recovery to obtain, sell, or distribute drugs or illegal substances, or to promote any type of illegal activity. § Member shall not submit, post, publish, share, or otherwise distribute any of the following Strictly Prohibited Items: o Content that defames, harasses, or threatens others o Content that discusses illegal activities with the intent to commit them o Content that infringes another’s intellectual property, including but not limited to, personal images without permission, copyrights, trademarks, and service marks. o Profane, pornographic, obscene, indecent, or unlawful content o Content related to partisan political activities o Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property o Content that contains intentionally inaccurate information or that is posted with the intent of misleading others o Content that shares the private information of another individual or business, especially that of a minor. III RIGHTS OF THE MEMBER 3.1 Under no circumstances shall Members hold out that they have any right to modify in any way the terms and conditions of the Warrior Member Agreement3.2 Except where a Member has received prior written consent from an officer of Spuggz, Member may not transfer their program to another Member. 3.3 Members may request to cancel their program at any time. However, because proprietary information is available immediately upon registering, our online programs are not eligible for a refund. 3.4 Memberships are easily cancelled from Member Profile Page by clicking on the “Cancel Auto Renewal” button at the top right of the page. By cancelling auto-renewal, membership will expire 7 days after renewal date and automatically be converted to a free Community membership. 3.5 Members agree and understand they are responsible for their own use of the program, forum, postings, and keeping their daily worksheets in a private and secure location. 3.6 Members understand and agree that they are fully responsible for their own well-being during their use of the program and, subsequently, responsible for their own choices and decisions. Should a Member feel their participation in the Power of 90 Days recovery programs has placed them in emotional, spiritual, or physical danger, Member should cease participation and take immediate steps to secure their safety. IV MEMBER PRIVACY & CONFIDENTIALITY 4.1 Members affirm they have read the Privacy Policy (located on the www.Powerof90Days.com Legal & Disclaimers webpage) and understand that Spuggz/POND, its representative, and coaches will protect all Member information as confidential, unless Member is otherwise notified or Member releases Spuggz from confidentiality. 4.2 Shoulda Member report abuse or a physical danger to themselves or to another, Member understands that necessary actions will be taken to protect those in danger and Member’s confidentiality and privacy is limited in this capacity. Furthermore, if Spuggz is ordered by a court to provide information or to testify, we will do so to the extent the law requires. 4.3 Members understand that while every effort will be made to maintain Member’s privacy and confidentiality, the use of digital technology is not always secure and Member accepts the risk associated with using email, text, phone, video conferencing, the forum, and any other digital form of digital communication or access while engaging in the Spuggz and Power of 90 Days programs. 4.4 Members understand and accept that content submitted on any of our forums will be treated as non-confidential, regardless of whether a Member marks them as “confidential,” “proprietary,” or the like. Spuggz/POND makes no guaranty of the confidentiality or privacy of any communication or information transmitted on any of the forums, or any website or venue linked to the forum, or otherwise in connection with the services, and Spuggz will not be liable for the privacy of any email addresses, registration, and identification information, confidential, trade-secret, or any private information that is publicly posted. Spuggz/POND does not assume any obligation of any kind to Member or any third party with respect to Member’s User Content and/or materials. Members acknowledge that, by nature, digital communications may be subject to breaches of security and that submissions of User Content and/or materials may not be secure. Members agree to consider this before submitting any User Content and/or materials and shall make their submissions at their own risk. V REFUND & CANCELLATION POLICY 5.1 Because Members have immediate access to proprietary information, there are no refunds once a Member has registered and paid for their membership. 5.2 Membership can be cancelled by going to Member Profile Page and clicking on the “Cancel Auto Renewal” button at the top right of the page. Keep in mind, once a membership passes the renewal date without being renewed, access to the Spuggz and Power of 90 Days Recovery programs will end after a 14-day grace period and membership will be converted to a free Community membership. VI INTELLECTUAL PROPERTY 6.1 Intellectual property rights mean rights to all existing and future patents, trademarks, design rights, service marks, copyrights, trade, or business names, including domain names, registered designs, database rights, format rights, know-how, trade secrets, procedures, processes, and confidential and/or proprietary information, whether or not any of these are registered. 6.2 Members acknowledge that Spuggz, LLC owns all intellectual property rights comprised in any and all of the Spuggz programs, services, marketing materials, publications, images, videos, websites, social media accounts and all forms or promotions and branding. Any use of any trademark, service mark, domain name or trade name that contains, is similar to or is comprised of Spuggz marks, including, but not limited to, Power of 90 Days, Standing Up for Recovery, Warriors & Heroes, B.L.A.C.K. C.A.T. EGT, and Becoming Me-Layers, and other tradenames and services marks owned by Spuggz, LLC, other than in accordance with the terms of this Agreement, without prior written permission, shall be unauthorized and further may constitute fraud. By way of example, but without limitation, Members may not register a domain name or email address that includes the name Spuggz, Power of 90 Days, Standing Up for Recovery, Warriors & Heroes, B.L.A.C.K. C.A.T. EGT, and Becoming Me-Layers, or the names of any of our affiliates, sponsors, manufacturers, or distributors. Members shall not register or attempt to register any trademarks, service marks or names that contain, are confusingly similar to, or are comprised of, any of the Spuggz, Power of 90 Days and Standing Up for Recovery marks. 6.3 Members agree to transfer any domain name, email address or trademark application or registration in respect of Spuggz marks, or marks confusingly similar to any of the Spuggz marks, that Member may hold or control, to Spuggz, LLC, upon demand, Member further agrees not to attack or challenge Spuggz’ ownership of and title to the Spuggz marks in any way. VII LINKS TO EXTERNAL WEBSITES 7.1 Spuggz may provide links to external websites for the purpose of providing Members with additional information and resources. Some of these external website links are third-party sponsors or affiliates. If a Member finds any link on the Spuggz websites or forums that is offensive for any reason, Member is invited to contact and inform us via email at: support@spuggz.com. We will consider requests to remove links, but we are not obligated to or so or to respond to Member directly. Because Spuggz has no control over external sites and resources, Member acknowledges and agrees that Spuggz, LLC, and any of its divisions, are not responsible for the security or availability of external sites or resources for which we provide a link. Spuggz does not endorse or recommend one product, service, or company over another, and is not responsible or liable for any content, advertising, products, services, or other materials on or available from external sites or resources. Member further acknowledges and accepts that Spuggz, LLC shall not be responsible or liable, directly, or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods, or services available on or through any external site or resource. VIII NON-COMPETE – NON-CIRCUMVENTION 8.1 For good consideration, Members hereby state and affirm they are not registering for a Power of 90 Days membership with the intent to gain access to proprietary or confidential information with respect to the Power of 90 Days websites, programs, or to copy or duplicate the Power of 90 Days programs, processes, or proprietary information. Member hereby agrees not to directly, or indirectly, compete with the business of the Spuggz/Power of 90 Days/Standing Up for Recovery programs and services, and its successors and assignees for a period of one (1) year following termination of a Spuggz membership and notwithstanding the cause or reason for termination. The term "non-compete" as used herein shall mean that the Member shall not own, manage, operate, consult, or be employed in a business substantially similar to, or competitive with, the Spuggz programs during the membership term. Members acknowledge that, through the Spuggz and Power of 90 Day programs, they may have access to trade secrets, other Members, and other confidential data. Members agree to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. At such time as Member may become employed by or establish a business that competes with the Spuggz/Power of 90 Days/Standing Up for Recovery programs or services, Member shall not use proprietary or confidential information obtained through their Spuggz membership to operate in that business. This Power of 90 Days Warrior Agreement shall be binding upon, and inure to the benefit of the Parties, their successors, assigns, and representatives. The non-competition provisions of this Agreement are an essential and material part of the total Agreement, by which the Member agrees it shall not use any advantages derivable from such confidential information in its own business or affairs, unless the same is done pursuant to a new Agreement executed by all Parties to this document. VIX WARRANTIES AND REPRESENTATION 9.1 Each Party of this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party hereto, or anyone acting on behalf of any Party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. 9.2 Any modification to this Warrior Agreement will be made available on the Power of 90 Days website, with a link from the Warrior Homepage, and will be effective immediately as of the date of the amended Agreement. Should any changes be made to the Agreement, all Members will be notified via an alert posted on the Warrior Homepage. 9.2 Continued Should the Member not accept the changes, Member must cancel their membership and a full or partial refund will be made if Member has not completed their program. The amount of refund will be based on the number of days remaining on the membership term. Member is considered to understand and have accepted any changes or updates if Member continues to use the Power of 90 Days program and/or forum after a change or update. 9.3 Spuggz makes no guarantee or promise, whether expressed or implied, with respect to results from the Power of 90 Days Warrior programs, as all results are unique to each individual, their personal situations, and the amount of time and effort they put forth. X TERMINATION OF TERMS & CONDITIONS These Terms and Conditions, by their nature, are intended to survive termination (e.g., Limitation of Liability, Indemnity, release and licenses and rights granted to Spuggz Member) shall so survive. XI LEGAL, COMPLIANCE, JURISDICTION, & REMEDIES 11.1 Notices. Any notices from the Members to Spuggz shall be delivered via email to support@spuggz.com, or via U.S. Post office at 452 E. Silverado Ranch Blvd. #478, Las Vegas, NV 89183. Notices from Spuggz to the Member will be delivered via the email address Member used to register. 11.2 Attorney Fees and Costs. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements incurred both before and after judgment in addition to any other relief to which such Party may be entitled. 11.3 Mediation and Arbitration. All disputes between Parties arising in any manner out of this Agreement, shall first be attempted to be resolved through an online Zoom meeting of both Parties or their representative, or at such other location as the Parties may agree. Any dispute not resolved through a Zoom meeting shall be attempted to be resolved through non-binding mediation under the applicable rules of the American Arbitration Association. Any such mediation shall take place in the Las Vegas, Nevada area, or at such other location as Parties may agree. Any dispute not resolved through non-binding mediation shall be resolved by binding arbitration before a single arbitrator under the Federal Arbitration Act and Commercial Rules of the American Arbitration Association. Any such arbitration shall take place in the Las Vegas, Nevada area, or such other location as the Parties may agree. The award of arbitrator shall not be subject to appeal and may be enforced in any court having jurisdiction to do so. 11.4 Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement is held invalid, illegal, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof. 11.5 No Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed waiver of relinquishment of that right or power for all or any other times. If there is a breach of any provision of this Agreement, it shall not be considered as a waiver of any subsequent breach of the same or any other provision. 11.6 Governing Law and Jurisdiction. This Agreement shall be governed by, and construed under, the laws of the State of Nevada. Jurisdiction and venue for all intents and purposes shall be in the County of Clark. XII MEMBER ACKNOWLEDGEMENT & ACCEPTANCE 12.1 Member hereby releases, waives, and forever discharges Spuggz, its representatives, employees, coaches, agents, successors, and assigns from every claim, suit, legal demand, or right to compensation for damages Member may claim to have, or that Member may have arising out of acts or omissions by Spuggz or its representatives, resulting from the educational and/or recovery relationship contemplated by this Agreement. Members further declares and represents that no promise, inducement, or agreement not expressed in this Agreement has been made to Member to sign this Agreement. By clicking “Register Now”, Member affirms they have read this Warrior Agreement, and understands and accepts the terms & conditions contained herein. If parent/guardian is submitting this Agreement for their child, please add the following information here: Parent Name: _______________________ Phone #: ( ______ ) _______ - __________ eMail Address: _______________________________ Signature: ____________________________ Child’s Full Name: _____________________ Date of Birth: _____/_____/_____ |