These Terms and Conditions (the “Terms”) are between Counterculture Club, LLC (the “Company,” “we,” “us,” or “our”) and you (“you,” “Customer,” or “Participant”). These parties may be referred to individually as a “Party” or collectively as the “Parties” throughout these Terms.
“Materials” means any medium, whether print, audio, digital, visual, or other means, containing Company proprietary and/or confidential information, including the Site (as defined below) and any Company social media account.
“Program” means any session, event, seminar, retreat, organized social gathering, or other program offered by the Company from time to time and set forth on the site and incorporated into these Terms be reference.
“Service” or “Services” refer to the services included in a designated Program.
“Site” refers to countercultureclub.org.
The Programs we provide may vary from time to time. Presently they include the Virtual Membership, IRL Membership, Events, and Coaching Programs. All current Programs will be set forth on the Site. The Site will designate the Services included, the cost, and the term for each Program.
Additional terms are as follows:
The Virtual and IRL Membership Programs are for those who identify as women or non-binary. We expect you to be sincere in any identity claim.
While we will make all reasonable attempts to staff Company Programs, particularly Coaching Programs, according to expectations, WE MAKE NO GUARANTEE TO STAFF ANY PARTICULAR PERSON FOR ANY EVENT OR PROGRAM. THE COMPANY RESERVES THE RIGHT TO MAKE ALL STAFFING AND PERSONNEL DECISIONS PURSUANT TO OUR OWN DISCRETION AND THE AVAILABILITY AND CAPACITY OF OUR TEAM.
You agree to read and abide by the Community Guidelines, including all confidentiality and sobriety requirements.
Payment Terms; Refund; Cancellation
The pricing models and costs for any specific Program (the “Program Costs”) are set forth on the Site. The General Payment terms are as follows:
Monthly Subscriptions. You will be required to pay all costs through PayPal. PayPal will automatically draw the Program Costs on a monthly basis on the same day, beginning on the date of your subscription. Your monthly subscription and the subsequent draw will continue indefinitely until your cancellation or our termination of the Program.
Coaching Packages. You will be required to pay the one time Program cost through PayPal prior to beginning of the purchased Program Package.
Late payment fee. If any fee outlined in this Agreement remains unpaid after the third calendar day following its due date, We reserve 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 Program unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 30 days after the initial due date, your account will be referred to our collections agency.
Payment Security and Chargebacks. To the extent that you provide Us or PayPal with Credit Card information for payment on your account, We or PayPal shall be authorized to charge Your card for any unpaid charges on the dates set forth. You shall not make any chargebacks to Our account or cancel the credit card that is provided as security without Our prior written consent. You will be responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to Company without notifying Company or updating PayPal in advance.
You may cancel your participation in a Program at any time, but we will have NO OBLIGATION TO ISSUE ANY REFUND.
We may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership for a reason other than force majeure (as defined below) or your misconduct, we will provide a prorated refund of program fees at our discretion. Notwithstanding our discretion to refund prorated program fees in the event of our cancellation of your membership, we will be obligated to issue no partial or full refunds for any reason. Neither your cancellation, nor your failure to effectively participate in the program, are grounds for a refund.
PLEASE NOTE THAT OUR CANCELLATION OF THE PROGRAM DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. WE WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.
To cancel your membership, contact email@example.com.
Waiver; Assumption of Risk; No Guarantees
No Substitute for Medical Care & Assumption of Risk
You acknowledge that substance abuse, addiction, and alcoholism are conditions which may require treatment by a licensed medical professional. You further acknowledge that our Programs are not a substitute for professional medical, psychotherapy, or counseling advice. We are not health professionals nor trained to provide psychotherapy or any medical care, and that we are not holding ourselves out as such. You agree that you have done your due diligence with regards to determining the treatment you may require. WE DISCOURAGE USING OUR PROGRAM IN LIEU OF SUCH MEDICAL ATTENTION AND YOU ACKNOWLEDGE THAT SUCH USE MAY CAUSE YOU FURTHER HARM, PREVENT YOUR REHABILITATION, OR PROLONG YOUR ADDICTION.
You acknowledge that your use of our Materials or participation in our Programs is entirely at your own risk, for which we are not liable. You assume full personal responsibility for your own choices and actions and you absolve and indemnify us of any liability or loss that you or any other person may incur from your participation in the Programs.
There are sometimes unknown individual risks and circumstances that can arise during a Program that cannot be foreseen that can influence or reduce results. You understand that any suggestion or recommendation we make is to be taken at your own risk, with no liability on our part.
If you are a virtual attendee, you agree that you are responsible for providing your own secure network and that we are not responsible for any breach which may occur because of your or any other virtual participant’s insecure network.
No Guarantees Regarding Information Provided
Every effort has been made to provide only accurate and current information. However, because the field of substance abuse, addiction, and alcoholism is constantly evolving, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, adequacy, or availability of our content or guarantee that all of the information we provide is completely current or suitable for you specifically. You acknowledge that the Materials we provide or reference may contain inaccuracies, errors, or omissions and we expressly disclaim liability for any such inaccuracies, errors, or omissions to the fullest extent permitted by law.
References or links in any Program or on the Site to any other business or entity’s website, content, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the availability, content, programs, services, and or products of any third parties.
Considering the real-time nature of any message boards or gathering we host where information is shared, we cannot review messages or confirm the validity of information posted or disclosed. We do not actively monitor the content of posted messages, are not responsible for any messages posted, do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the content of any message. The messages express the views of the author of the message, not the views of the company, staff, greater membership, or any entity or individual associated with the Company. If you feel that a posted message is objectionable or in violation of our Community Guidelines, please notify us immediately. We will remove such material according to our review and discretion, but neither the removal nor the failure to do so shall result in liability to anyone.
No Results Guaranteed
You acknowledge that any statements set forth on the Site or made in person by the Company regarding the value of the Program, the success of past participants, and any potential results are only expressions of our opinion. Any testimonials are only possibilities of what might be possible for you, but are not assurance as to any particular outcome.
The outcome of your participation in a Program depends primarily on your own effort, motivation, commitment, and participation. Accordingly, we cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ by each individual.
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 Intellectual Property throughout the world in any and all mediums.
Effect of Headings. The subject headings in these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Amendment. We reserve the right to update or amend any portion of our Site and Service, including these Terms, at any time. We will post the most recent versions to the Site and list the effective date of any amendments at the bottom of these Terms. 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.
Assignment. These Terms 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.
Notices . All notices, requests, demands, and other communications under these Terms shall be in writing and properly addressed as follows:
To Company: firstname.lastname@example.org
To Client at Client’s address provided at the time of purchase.
Any party may change its address for the purposes of this paragraph by giving the other parties written notice of the new address.
Governing Law; Venue; Mediation. These Terms shall be governed by the laws of the State of North Carolina. The exclusive venue for any court proceeding based on or arising out of these Terms shall be the appropriate state or federal court in Mecklenburg County, North Carolina. 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.
Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms, the successful or prevailing Party 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.
Severability. If any term, provision, covenant, or condition of these Terms is held to be invalid, void, or unenforceable, the remaining terms shall remain in full force.
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, civil unrest, gas, oil, or fuel shortage, or power failure.
Entire Agreement; Waiver. These Terms constitute the entire agreement between the Parties pertaining to the subject matter contained 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.
Questions about these Terms and Conditions? Email us at email@example.com
Updated: March 2022
TERMS & CONDITIONS