Registration Policies and Student Waiver

Please read these Registration Policies and Student Waiver carefully. You must agree to these before you are permitted to use any Hibiscus Moon, LLC (“Hibiscus Moon”) digital or downloadable resources, online course, certification Course, one-on-one or group coaching, class, Course, workshop, or training, or enter any online private forums operated by Hibiscus Moon (for any purpose), whether on a website hosted by Hibiscus Moon, https://hibiscusmooncrystalacademy.com, an online course platform, or facebook.com (collectively “the Course”).

If you do not agree with these Policies, you may not use the Course.

As used in these Registration Policies, the term “Releasees” is defined to include the following: (i) Hibiscus Moon, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “HMCA”); and (ii) any Company volunteers.

1. The Course

The science and art of crystal therapy benefits both practitioners and their clients. HMCA believes that this modality should command the same respect as other alternative medicines. No agencies or organizations exist in the United States that standardize certification specifically for crystal therapy and many states have no laws that license or otherwise regulate the practice. HMCA has created the Hibiscus Moon Certified Crystal Practitioner Course to provide training and guidance to new practitioners and reaffirm the capability and qualifications of current practitioners. HMCA has been professionally and internationally accredited and certified by the International Energetic Healing Association (IEHA), the International Institute for Complementary Therapists (IICT), the International Practitioners of Holistic Medicine (IPHM), and the World Metaphysical Association WMA).

The Course is designed to promote uniformity in the practice of crystal therapy, raise the standards set for crystal practitioners, and create guidelines for both crystal healing methods and client expectations. You will receive as part of the Course:

a. All Course materials, including videos, audio, worksheets, and homework assignments;

b. Private online community for live group feedback, mentoring, and support; and

c. Upon completion of all classes and assignments, and full payment for the Course, official certification from HMCA.

You acknowledge that the long-distance online training format may not be a learning style match for all participants. Instructors, in conjunction with HMCA’s founder/director, may advise a participant to consider an alternative learning format or institute if, in the judgment of the instructor, a participant’s participation in a class or class series has negatively affected the training process of the participant, fellow participants, the instructor, or dynamic of the class. The instructor reserves the right to decline registration in subsequent classes or levels of study based on the above concerns and decisions.

You acknowledge that live personal feedback and support from HMCA during the nine (9) week Course is given in a group format and not everyone is guaranteed individual feedback and/or interaction. You have no graduations deadline (provided you complete graduations during the lifetime of the Course/program), however, Facebook group participation and mentoring will only be available for one year. There may be options given to extend your membership.

2. Participants

This Course is intended and only suitable for individuals aged 18 and above. Some of the content in this Course may not be appropriate for children. The Company hereby disclaims all liability for use by individuals under the age of 18.

3. Payment

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

In the event that payment is not received by the date due, your status will be changed to “delinquent.” This means that we reserve the right to suspend your access to the Course, all Content (defined below), and our private Facebook group immediately. Once you have paid your delinquent payment, your student status will be changed to “in good standing” and all access will be reinstated back to normal; however, it may take up to four (4) business days to restore all access. Our system will automatically attempt to obtain your payment three (3) times before placing your account into collections. Once your delinquent payment is in collections, any manual re-bills will incur a $20 administrative charge. HMCA reserves the right to permanently terminate your access to the Course for repeated delinquent payments.

We do not offer any special or extended payment plans beyond the terms that are offered at the time of registration. If you fail to make payment in a timely manner in accordance with these Registration Policies or voluntarily decide to withdraw from the Course at any time or for any reason, you shall remain fully responsible for the full cost of all payments plus 18% interest (or the highest amount allowed by law). Additionally, you agree to reimburse Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

4. Refunds

Please think carefully about whether this is the right time in your life to take part in this wonderful Course. Because of how Content is distributed, student management, grading, and organization that is the nature of this Course, HMCA offers refunds subject to the following specific restrictions.

To qualify for a refund*, you must: (i) submit proof of your forum participation for the first three classes in your Course, (ii) submit the completed assigned homework for those classes; (iii) tell us why the Course did not work for you; and (iv) email HMCA at support@hibiscusmoon.com requesting a refund on the 21st day of the Course by 11:59 pm EST. You may only request a refund ON the 21st day of your Course. All refunds are discretionary as determined by HMCA. *Does not apply to Encore participants.

We will not provide refunds for any request made more than 21 days following the first day of class.

We will not provide refunds for participants who have been removed from the Course for violations of these Registration Policies or violating HMCA’s private Facebook group rules or who choose not to complete the Course requirements.

We will not provide refunds due to technical issues. Quality or consistency of equipment (including all internet connections, cell phones, and VOIP connection lines) cannot be guaranteed. You will need to have at least a basic level of computer and Internet skills and Internet access that is faster than dial-up speed. The Content might not be accessible on a smartphone. Should you have technical difficulties with accessing the Course, our support team will happily assist you. Because the Course includes group classes, if an instructor finds that your connection, whether tested in advance or not, is creating sound quality and recording concerns (such as dropped connections, static interference, or recording interruptions) that cannot after reasonable attempts be corrected, you may be excluded from live participation in the class, with no refund.

Please note: If you opted for a payment plan and you do not request a refund on the 21st day of the Course, with the required information at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, HMCA will promptly issue an instruction to its payment processor to issue a refund. HMCA does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase, that shall immediately terminate any and all licenses granted to you to use the Content provided to you under this Agreement. You shall immediately cease using, and shall destroy all copies of, the Content provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Since we have a clear and explicit Refund Policy in these Regulation Policies that you have agreed to prior to completing the purchase of the Course, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

5. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through HMCA website, any third-party website HMCA may use to distribute or host the Course, and contained in e-mails sent to you by HMCA, as well as the look and feel of all of the foregoing (“the Content”) is property of HMCA and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. HMCA’s Limited License to You

HMCA’s Course is offered with lifetime access. This specifically refers to the lifetime of the Course and not that of the participant.

If you view, purchase or access any Course or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Course and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Course or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Course or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Course or Content shall constitute infringement.

You must receive our written permission before using any of the Course or Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Course or Content are trademarks belonging to HMCA, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Course or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Course in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies HMCA may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these REGULATION POLICIES would cause irreparable injury to HMCA that may not be adequately compensated by damages, entitling HMCA to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to HMCA; Use in Testimonials and Marketing

By posting or submitting any material during the Course such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of HMCA’s current or future Course and Content. [CH2] This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by HMCA during the Course that may contain you, your voice and/or your likeness. In HMCA’s sole discretion, we reserve the right to use these photographs, videos, and/or audio recordings and/or any other materials submitted by you to HMCA or created by HMCA in connection with your participation in any Course, without compensation to you at any time, now or at any time in the future.

Additionally, you grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or HMCA, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Course or in our Content at any time for any reason.

This means you give HMCA permission to use anything you submit or post in the Course or any third-party forum or website operated by HMCA, or anything captured by HMCA during your participation in the Course, including images in which your face is visible and recognizable.

IN ACCORDANCE WITH THE FTC GUIDE LINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, PLEASE BE AWARE OF THE FOLLOWING:

TESTIMONIALS PROVIDED BY HMCA ARE ACTUALLY RECEIVED VIA TEXT, AUDIO OR VIDEO SUBMISSION. THEY ARE INDIVIDUAL EXPERIENCES, REFLECTING REAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS AND/OR SERVICES IN SOME WAY OR ANOTHER. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS THAT CONSUMERS WILL GENERALLY ACHIEVE. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS AND/OR SERVICES.

THE TESTIMONIALS DISPLAYED (TEXT, AUDIO AND/OR VIDEO) ARE GIVEN VERBATIM EXCEPT FOR CORRECTION OF GRAMMATICAL OR TYPING ERRORS. SOME HAVE BEEN SHORTENED. IN OTHER WORDS, NOT THE WHOLE MESSAGE RECEIVED BY THE TESTIMONIAL WRITER IS DISPLAYED, WHEN IT SEEMED LENGTHY OR LESS THAN THE ENTIRE TESTIMONIAL SEEMED RELEVANT FOR THE GENERAL PUBLIC.

HIBISCUS MOON IS NOT RESPONSIBLE FOR ANY OF THE OPINIONS OR COMMENTS POSTED TO OUR SITE. HMCA IS NOT A FORUM FOR TESTIMONIALS, HOWEVER PROVIDES TESTIMONIALS AS A MEANS FOR CUSTOMERS TO SHARE THEIR EXPERIENCES WITH ONE ANOTHER. TO PREVENT AGAINST ABUSE, ALL TESTIMONIALS APPEAR AFTER THEY HAVE BEEN REVIEWED BY HMCA. HMCA DOES NOT SHARE THE OPINIONS, VIEWS OR COMMENTARY OF ANY TESTIMONIALS ON THIS SITE, AND ARE STRICTLY THE VIEWS OF THE REVIEWER.

ADDITIONALLY, THESE TESTIMONIALS ARE NOT INTENDED TO MAKE CLAIMS THAT HMCA’S PRODUCTS OR SERVICES CAN BE USED TO DIAGNOSE, TREAT, CURE, MITIGATE OR PREVENT ANY DISEASE. THESE CLAIMS HAVE NOT BEEN CLINICALLY PROVEN OR EVALUATED BY THE FDA.

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to HMCA, you must obtain permission in writing BEFORE you use the Content by sending an e-mail to support@hibiscusmoon.com.

If you are granted permission by HMCA, you agree to use the specific Content that HMCA allows and only in the ways for which HMCA has given you its written permission. If you choose to use the Content in ways that HMCA does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Course and Content.

6. Certification

Everyone benefits from HMCA’s Course; crystal practitioners and their clients alike. Certification is a way to both improve your capabilities as a practitioner and to exhibit your qualifications to potential clients. Practitioners are better trained and prepared for their own crystal practice, and clients are better informed of the qualifications and training of their practitioners. In addition to training, Certified Practitioners also receive a copy of the Code of Ethics, a model addition to training, a model intake form for use in their practice (including a HIPAA compliant addendum), and a disclosure notice informing their clients about their practice and qualifications. Practitioners are not required to use these forms, but HMCA attempts to provide valuable resources to its Practitioners.

HMCA’s certified practitioners will be mailed a Certificate of Completion upon successful completion of the Course and may use the initials CCP after their name, which will signify their “Certified Crystal Practitioner” status. Additional copies of the certificate may be purchased for a fee of $5 per copy ($10 each for international mailing).

Once you receive a Certificate of Completion, you may apply for optional membership or accreditation with the World Metaphysical Association as a Certified Crystal Practitioner and be able to use the initials CCP after your name. Any Courses completed with HMCA may or may not be recognized by other schools.

7. Certification Requirements

The relationship between practitioner and client is intimate and founded on trust, and as such, HMCA only certifies those practitioners who abide by the highest standards expected of every Hibiscus Moon Certified Crystal Practitioner.

In order to be certified as a Hibiscus Moon Certified Crystal Practitioner, you must:

(a) Agree to HMCA’s Code of Ethics;

(b) Complete all (8) eight Certified Crystal Practitioner modules in the Course;

(c) Satisfactorily complete the final required essay assignment;

(d) Complete at least three (3) crystal therapy sessions and submit a survey review completed independently by your client after each session;

(e) Submit three (3) photographs of your sessions with your volunteers (volunteer faces need not be shown in the photo to maintain their privacy at their discretion); and

(f) Submit one (1) photograph of your sacred space along with crystals.

You must be shown in at least one photograph. You must complete the sessions with adult volunteers as outlined in the Final Assignment Guide to provide the Course with the most accurate evaluation of your progress.

Failure to complete any of the requirements of the Course will be considered a failure of that requirement. You must satisfactorily complete all requirements of the Course in order to be certified, after which there is no requirement to renew or submit to review in order to maintain certification.

Once you become certified, HMCA does not assume liability or responsibility for your conduct.

8. Your Conduct

The Course is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, Courses, or events to Course participants on any Company website or third-party forums operated by HMCA, whether or not officially sanctioned, owned, or operated by HMCA. This means you agree not to form, or ask Course participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Course participants to participate in events, such as meetup, seminar, or athletic competition, without first receiving approval from HMCA. You agree not to market, promote, or sell products or services such as essential oils, crystals, coaching services, practitioner Courses, or other products or services to Course Participants, unless you are authorized or requested to do so by HMCA.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by HMCA and any third-party forums, such as private Facebook groups, operated by HMCA. Any material you post on HMCA’s website or in any third-party forums operated by HMCA may become public.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on HMCA’s website and any third-party forums operated by HMCA, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other participants
  • Causing damage to any Company website or third-party forums operated by HMCA
  • Using any Company website or third-party forums operated by HMCA for any unlawful, illegal, fraudulent or harmful purpose or activity
  • Using any Company website or third-party forums operated by HMCA to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
  • Using any Company website or third-party forums operated by HMCA to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
  • Systematically or automatically collecting data from any Company website or third-party forums operated by HMCA
  • Sharing private and proprietary information from other participants with anyone else
  • Violating the rules posted in HMCA’s private Facebook community on Facebook.com.

If, in HMCA’s sole discretion, your conduct violates these REGULATION POLICIES in any way, you agree that HMCA may immediately and permanently terminate your participation in the Course, third-party forums operated by HMCA and your access to the Content without refund.

HMCA’s private Facebook community, HMCA’s third-party forum, consists of private groups reserved exclusively for paid students. Any member up to date on their payments, or paid in full, and in good standing can become a member of the group. HMCA, in its sole discretion, may alter their private Facebook community’s guidelines and regulations from time to time.

HMCA, in its discretion, may delete or modify, in whole or part, any post, comment or submission to HMCA’s and any third-party forums operated by HMCA. HMCA does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. HMCA neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on HMCA website or any third-party forums operated by HMCA. HMCA shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on HMCA website and any third-party forums operated by HMCA.

9. Confidentiality

You acknowledge that your communications with HMCA or any practitioners with HMCA are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

(a) was in HMCA’s possession prior to your participation in the Course;

(b) is generally known to the public or in your circle of friends and family and co-workers; or

(c) HMCA may be required by law to disclose.

You may use a screen name or pseudonym instead of your actual name for your participation in the Course and public posts on HMCA website and in third-party forums operated by HMCA.

You agree that HMCA shall not be liable for the disclosure of any of your information by another Course participant with whom you shared the information.

HMCA may record posts, comments or videos from any third-party forums operated by HMCA and share them in the Course, on HMCA’s website, or on third-party forums operated by HMCA.

You agree you will not share any third-party forum postings outside the private member areas of HMCA’s website or any third-party forums operated by HMCA. If HMCA discovers you have done so, this will be grounds for immediate termination of your access to the Course and Content.

10. Username and Password

To access certain features of the Course, including any private membership areas, you may need a username and password. It is your responsibility to inform HMCA before the Course start date if you do not receive an email containing your password to access the Course. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If HMCA has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Course to any other person, HMCA has the right to suspend or terminate your account and refuse any and all current or future use of the Course or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of HMCA’s website Privacy Policy.

11. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a. You are voluntarily participating in the Course and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

b. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in participating in Course and voluntarily, knowingly and freely assume all risks associated with participating in the Course, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, coaches, agents, representatives, successors, and assigns.

c. You agree that you will not participate in any part of the Course that involves physical exercise or activity while under the influence of alcohol, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Course.

d. Your participation in the Course does not establish a doctor-patient, counseling, or therapist-client relationship of any kind between you, HMCA, or anyone providing crystal practitioner services on behalf of HMCA.

e. The Course and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Course or Content prevents, cures or treats any mental or medical condition. The Course and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, veterinary care or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. HMCA disclaims any liability for your reliance on any opinions or advice contained in the Course.

f. You agree that you will not use the Course to diagnose or treat mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision to participate in the Course.

g. You acknowledge that, by engaging with HMCA for the Course, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your (or your minor child’s/ward’s) participation in the Course, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to HMCA for the Course.

h. You acknowledge and understand that HMCA will make reasonable efforts to avoid rescheduling events. You acknowledge that some events may necessarily be rescheduled. HMCA shall not be held responsible for cancellations.

i. HMCA endeavors to remain current on all laws related to crystal therapy, but does not monitor the laws of every state and/or nation on behalf of its practitioners. You are responsible for knowing and adhering to the law of your state and/or locality. HMCA assumes no liability for changes in the law after certification and makes no representations to the ongoing legality of the practice of crystal therapy or the Hibiscus Moon Certification Course.

j. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings, outcomes, or results you may receive as a result of your participation in the Course. HMCA cannot and does not guarantee that you will achieve any particular result, outcome, or earnings from your use of the Course, and you understand that results and earnings differ for each individual. Each individual’s success depends on his/her desire, consistency, dedication, desire and motivation. Nothing in any marketing emails, materials or any of our websites are meant to guarantee results. Any numbers presented in any marketing materials and on any of our websites are illustrative only and are not be considered exact, actual or guarantees of your potential future earnings.

k. Any links to third-party products, services, or sites are subject to separate terms and conditions. HMCA is not responsible for or liable for any content on or actions taken by such third-party company or website. Although HMCA may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

l. HMCA tries to ensure that the availability and delivery of the Course and Content is uninterrupted and error-free. However, HMCA cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

m. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE COURSE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HMCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HMCA DOES NOT WARRANT THAT THE COURSE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF HMCA’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

n. HMCA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COURSE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE COURSE.

12. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and HMCA may be unlawfully intercepted by third parties not under our control. HMCA does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described herein. By purchasing any product, you are also agreeing that Hibiscus Moon, LLC may send you emails that are relevant to your order (receipts, product download, event details, etc.) as well as newsletters and other marketing materials that you can opt out of at any time.

13. Termination

HMCA reserves the right in its sole discretion to refuse or terminate your access to the Course and Content, in full or in part, at any time without notice. HMCA may terminate your participation in the Course at any time, without refund, if you breach any part of these Regulation Policies. In the event of cancellation or termination, you are no longer authorized to access the part of the Course or Content affected by such cancellation or termination. The restrictions imposed on you in these Regulation Policies with respect to the Course and its Content will still apply now and in the future, even after termination by you or HMCA.

14. Legal Disputes

These Regulation Policies shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to its conflict of laws principles. The state and federal court nearest to Fort Myers, Florida shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course or Content, including but not limited to HMCA’s Privacy Policy or these Regulation Policies. By using the Course or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these Regulation Policies, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

15. Users Outside United States

HMCA controls and operates the Course from offices in the United States. HMCA does not represent that materials on the Course are appropriate or available for use in other locations. People who choose to access the Course from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Indemnification

You agree to defend, indemnify, release, and hold harmless the Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Course or Content in violation of these Regulation Policies, (ii) any breach by you of these Regulation Policies or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to HMCA’s website or any third-party forum or website operated by HMCA, (iv) your use of materials or features available on the Course or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by HMCA) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

17. Force Majeure

HMCA will not be deemed to have breached these Regulation Policies for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of HMCA.

18. Entire Agreement; Modifications

You expressly agree that these Regulation Policies are intended to be as broad and inclusive as permitted by the law of the State of Florida, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

HMCA may change, modify or update these Regulation Policies at any time. Any access or use of the Course or Content by you after HMCA publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact support@hibiscusmoon.com.