TERMS & PRIVACY | Neža Krek

Terms

The boring but oh so important stuff that protects you and me.

If you purchase one of our courses or digital products, you must abide by additional terms and policies listed here:

TERMS & CONDITIONS & USER AGREEMENT

1. These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how Meaningful Meetings, eenmanszaak, www.NezaKrek.com (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “member”, “Member”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through www.NezaKrek.com. The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.

2. Copyright & Trademark Notice: Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in Company’s business, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2013-2-2023, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing or shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.

3. No Professional Advice: The beneficial but low and no-cost information and advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental or emotional health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances. To the extent our offerings are provided to support health, you agree and pledge to maintain full and sole responsibility for your own health and that of your dependents.

4. No FDA Evaluation: As applicable, the advice shared on this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.

5. Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: h e l l o @ n e z a k r e k .com. The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word-of-mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.

6. Intentionally omitted.

7. Other Terms & Conditions: All of the provisions of our Privacy Policy and Member Agreement are incorporated by reference into these terms and conditions. We make no guarantees or warranties about any information on our site, including without limitation any warranty of fitness for a particular purpose. Anyone subscribing to our website or using any of our programs, posts or pages is also agreeing to these terms and conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by clicking the link or button provided in the footer of any of our emails. We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These terms and conditions, and any other legal documents or agreements we have entered into with you, will supersede any previous terms and conditions you may have copies of in any form, regardless of whether we or you have signed them or not. We reserve the right to make changes to this site and these terms and conditions at any time.

8. Governing Law: This agreement shall be construed under the laws of The Netherlands / Koninkrijk der Nederlanden without regard to conflicts of law principles.

9. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.

10. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.

11. Arbitration & Relief in Equity: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration conducted in the English language, under the applicable JAMS arbitration rules, before a single arbitrator, and located in Hilversum, Noord Holland, The Netherlands or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates, by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.

12. Refunds and Returns: Except as otherwise agreed by the parties in writing, the Company’s refund and/or return policy for the products and/or services it provides to you is as set forth in this Section 12. The Company may provide a different refund/return policy in its marketing materials for each of its products and/or services that it sells and/or provides to you, including that no refund or return may be available for a certain Company product or service, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: h e l l o @ n e z a k r e k .com, including the word “refund” or “return”, as applicable, in the subject line of your email. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms and Conditions and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return. Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether or not Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these terms and conditions, use or misuse of our materials or content, or other performance of services hereunder. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. You agree and acknowledge that all of these terms and conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section 12.

13. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s offerings, content and information and from user’s breach of any of the terms contained in this agreement.

14. Counterparts: This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. You understand and agree that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.

15. Headings and Interpretation: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement. The parties agree that no provision of this agreement shall be interpreted against the drafting party because of its being the drafter of it.

PRIVACY AGREEMENT

1. This Privacy Agreement (also herein, this “Agreement”, also our “Privacy Policy” or “policy”) is entered into by and between Meaningful Meetings, eenmanszaak, www.nezakrek.com (herein the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you; this Agreement also sets forth how we use and protect any information that you give us while you are using www.NezaKrek.com (both collectively and individually referred to herein as this “website” or “site”), any of our information, products and/or services, and/or while communicating with us. This Agreement also sets forth certain duties you may have as to us as you use our website, our content and materials. The privacy of our users is very important to us. Should we ask you to provide certain information by which you can be identified when using this website, our products and/or services, then you can be assured that it will only be used in accordance with this Privacy Agreement.

2. Regulatory Matters: Only to the extent the following statutes or rules may be applicable as to this Agreement, to us and to you, the terms of this Agreement, our standard practices and the terms of any other agreement(s) between you and the Company are intended to comply with the terms and rules of the European Union General Data Protection Regulation first effective May 25, 2018, as amended (“GDPR”), the California Consumer Privacy Act of 2018, as amended (“CCPA”), with the online privacy Nevada Senate Bill 220 of 2019, as approved and amended (“NV SB220”), with the terms and rules established by the US Federal Trade Commission (“FTC”), as amended (“FTC Rules”), including the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, as amended (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act of 1998, as amended (“COPPA”), and also with the Digital Millennium Copyright Act of 1998 of the United States, as amended, and the rules established by the World Intellectual Property Organization (“WIPO”), as amended (“WIPO Rules”) (each of the above, only to the extent applicable hereunder, a “Regulation, and collectively, the “Regulations”). Both parties to this Agreement pledge their best efforts in cooperation with each other, and in their compliance with applicable Regulations, in general, and as set forth in this Agreement.

REGULATIONS NOTICE: Among other means that you may provide us for our communicating with you, you consent and agree to communicate with us via email. If at any time you would like to stop the collection or use of your information by us, you may opt out or unsubscribe by simply using the “UNSUBSCRIBE” link or button at the bottom of any of our standard email messages to you. Keep in mind that unsubscribing or opting out in this manner may result in limitations on your use of our website, in the ongoing receipt of our products or services, in our ability to communicate with you, or in your ability to communicate with us. See Section 11 below for more details.

3. What We May Collect: Under our standard practices we may collect the following information, which shall not be considered private information or personal data as between you and us, or as among you and us and our contractors (as defined in Section 9 below), but which shall be considered private and personal as to third parties other than our contractors:

Contact information including names and email address(es).
General demographic information including geographic information such as countries, states, provinces, territories, etc.
Other information relating to your preferences and interests or that is relevant to any customer orders, surveys and/or any offers or giveaways (for example, if you are one of our giveaway winners, we will need your mailing address so we can send you your prize by post or parcel).
Any information you may send, provide or deliver to us, either electronically or otherwise, regardless of whether we have committed not to collect it as part of our standard practices under this policy.

4. What We Do Not Collect: We use secure third-party payment processors for any online payments to us, and we also use secure third-party email service providers and other contractors (as defined in Section 9 below) for communicating with you. For these reasons, and for the benefit of your privacy and security, under our standard practices we do not collect, hold or control any of the following information:

Credit card or debit card numbers, except for the last four digits of them, which may be collected by us to provide you with any refund, if available, to verify your status as an adult, and for transaction verification purposes.
Online financial information or bank account information.
Internet Protocol (“IP”) addresses or Media Access Control (“MAC”) addresses, which may be obtained by us only if required to do so by applicable law, Regulation, rule, administrative order, or in the event we believe you have breached any of your duties to us under this Agreement or any other written agreement we have with you.
Dates of birth.
Information from persons under age 13, unless provided by you (see also Section 12 below).
Tax identification numbers, for example, US social security numbers or Canadian social insurance numbers, except as may be necessary for tax purposes from our affiliates that are providing us these numbers so they can receive payments from us.

With regard to our website or otherwise, and to the best of your and our knowledge, you and we agree that we are not a “data processor”, nor are we in any way accepting the duties or obligations of a “data processor”, as such term may be described or defined in the GDPR.

5. What We Do with the Information We Gather: We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

We may use the information to improve and customize our website, products and/or services.
We may periodically send you promotional emails about new products, services, special offers or other information we think you may find interesting using the email address which you have provided.
We may contact you by email, online chat, social-media connections, phone, text, fax or mail, according to the contact information you have provided us and/or the way(s) you have communicated with us.
We may use your information to send you promotional information about third parties or the Company that we think you may find interesting or useful.
From time to time, we may also use your information to contact you for market-research purposes.

6. Security: We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, including our use of secure contractors (as defined in Sec. 9 below), third-party payment processors and email service providers. Any of your information collected by these contractors, third-party payment processors and service providers is subject to their own privacy policies, not ours; therefore, you and we agree that we will have no liability in connection with the actions or inactions of these payment processors and service providers.

7. Our Pledge to Each Other:

A. We agree that we will not sell, lend, lease or rent your information to third parties. We also agree not to share your information with third parties except as provided in this Agreement; we also may share your information under the following unusual circumstances: (i) we have your permission to do so, (ii) it is clearly probable that you have breached the terms of this Agreement or another agreement we may have with you, or (iii) we are required by applicable law, Regulation, rule or administrative order to do so. We love our users, members, clients, customers and subscribers, and we hope and believe these feelings are mutual.

B. You agree that a number of the provisions of our Terms & Conditions and Member License Agreement may affect your privacy; therefore, our Terms & Conditions and Member Agreement are incorporated herein by reference. You also agree that you will uphold and respect our complete ownership of our content, trade names and materials, which are more fully defined and described as “Names” and “Materials” in our Member License Agreement with you, and you agree to fully uphold your duties and obligations to us under our license to you of our Materials as described in that agreement. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, products or services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the website, such as message boards or on social media. The information you share in public areas may be viewed by any user of the website. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us or to our website. To the fullest extent possible under applicable Regulation, any transmission of personal information by you to us or to a third party is at your own risk. We are not responsible for circumvention by you or any third party of any privacy settings or security measures contained on our website, with our contractors (as defined in Section 9 below), or with any third party.

8. How We Use Cookies:

A “Cookie” is a small file that is usually temporarily stored on your electronic device, often by your internet browser; without limitation these Cookies also may be called pixels, bots, tags, code snippets, beacons, logs, log records, remarketing or retargeting protocols, or may include similar technologies (all of these foregoing are defined as “Cookies” or “cookies” here). The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used on our website(s) and webpage(s). This helps us analyze data about webpage traffic and improve our website in order to tailor it to each user’s needs. We use this information for statistical analysis purposes.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your electronic device or any information about you other than the information you have elected to share with us by use of your browser and system settings.
Also, as part of our standard practices we do not monitor or recognize (and, therefore, our systems typically do not the capability to honor) any behavioral-advertising opt-out or do-not-track mechanisms, settings or signals, including those of your, or anyone else’s, web browser.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser and other system settings to decline, modify or manage cookies, if you prefer. This may prevent or limit you from taking full advantage of our website and/or services.

9. Advertising and Third-Party Contractors: Some of our ad networks, advertisers, social media platforms, email delivery and management service providers, payment processors or other independent third-party contractors (all “contractors” herein) occasionally serve you cookies as well. We do not have control over cookies placed by these contractors. We also may use advertising service contractors to help present advertisements on the website and on other sites across the internet. Our contractors also may use cookies to provide you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, to determine whether you have seen a particular advertisement before and/or to avoid sending you duplicate advertisements, or for other similar purposes. In doing so, these contractors may collect data such as your browser type, your operating system, email address(es), web pages visited, time of visits, content viewed, ads viewed, IP/MAC address(es) and other clickstream data. Also, some of our contractors may be considered “data processors” under the GDPR, as applicable, which you acknowledge and agree shall have no bearing upon our being classified as such under the GDPR. The use of cookies by our contractors is subject to their own privacy policies and legal terms, not ours; therefore, you and we agree that we will have no liability in connection with the actions or inactions of these contractors or in connection with your actions or inactions with regard to your information that you may have provided to these contractors.

10. Links to Other Websites: Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we shall not be responsible for the content you may encounter or other results that may occur by your visiting these external sites, nor for the protection and privacy of any information which you provide while visiting such sites and that such sites are not governed by this policy, including in the event that any of such sites happens to be owned or operated by one of our contractors. You should exercise caution and look at the legal terms and the privacy policy or agreement applicable to the website in question.

11. Opting Out, Unsubscribing and Managing Your Information with Us: You may choose to stop the collection or use of your information by us by opting out (also interchangeably described as “unsubscribing” below) at any time as provided here and above in Section 2 of this Agreement. Please note, however, if you are a member of any of our paid membership programs or an affiliate of our affiliate program, then opting out under this policy may result in a cancellation of your membership or affiliate account(s) with us, and a new membership fee or reinstatement fee may apply if you ever want to regain access to any of our membership or affiliate programs. For this reason, if you are a member or affiliate of ours, we may, at our option, email you to verify (i) that you have fulfilled or are fulfilling your obligations under any agreement you may have with us, and (ii) that you do intend to cancel your membership(s) or affiliate account(s) with us, before we close your membership(s) or affiliate account(s). If at any time you no longer want to receive emails similar to those you are receiving from us, you may opt out or unsubscribe using the “unsubscribe” link or button at the bottom of our email messages. You hereby agree that it is your sole responsibility to properly communicate your decision to opt out in accordance with this Section and this policy. You also acknowledge that your unsubscribing from one email list owned or managed by us may not unsubscribe you from every list owned or managed by us depending on how you elected to subscribe to more than one list with us or if you subscribed using more than one email address with us; therefore, you hereby agree that we may continue to send you correspondence if or when (i) you have subscribed to more than one list with us, or (ii) you have subscribed to one or more of our lists with more than one email address. In either or both of the above circumstances, it remains your sole responsibility to (i) unsubscribe from multiple lists of ours, and/or (ii) to unsubscribe for more than one email address you are using with us, as applicable. If at any time you believe that any information we are holding with regard to you is incorrect or incomplete, please contact us by reply email to any email we have sent to you including the words “contact info correction” in the subject line. Typically, we cannot delete your personal information except by also deleting your user account. Also, we may not accommodate a request to change information if we believe (i) you have breached this Agreement, (ii) the change would violate any applicable law or Regulation, or (iii) would cause the information to be incorrect. If you choose to unsubscribe, we wish you all the best, and you’re welcome to re-subscribe at any time.

12. Minor Children, Communications & Other Privacy Matters: By using our website, you represent the following: (1) that you are at least the age of majority (the “Age of Majority”) in your nation, territory, state or province of residence (“your Place”), and (2) that you are hereby accepting complete legal responsibility for any person in your household or who is using your electronic device who is under the age of majority in your Place, including without limitation any of your minor dependents (any such persons herein, “your minors”) who may be using our website, and (3) if any of your minors are under the age of 13 (herein, an “twelve-and-under minor”), then you also hereby agree to in no way, either directly or indirectly, provide us with any personal data or information relating to any of your minors who also is a twelve-and-under minor. You also represent that any of your minors for whom you are providing your consent herein are subject to your complete and direct supervision for their use of our website and in any and all communications between or among the parties herein. You agree and acknowledge that any communications between or among the parties may include information that we or you consider private, and that not all electronic networks, whether online or private, are always secure. To the fullest extent allowable under applicable law or Regulation, you agree to hold us harmless for any non-intentional loss of, or access to, electronically exchanged and stored information. For us to maintain our standard practices updated in light of ongoing legal and regulatory changes, we reserve the right to make changes to this policy at any time without prior notice to you. You agree to review this Privacy Agreement from time to time to ensure that you are satisfied with any changes. Still, from time to time we may request that you verify, and even re-verify your intent to continue as a party to this Agreement, regarding which you pledge your best efforts to cooperate with us. This version and last update of this Privacy Agreement have been effective since the date listed at the end of this document.

END OF PRIVACY AGREEMENT

MEMBER LICENCE AGREEMENT

1. This Member License Agreement (also, this “agreement”, “Agreement”, “Member License” or “Member Agreement”) is made by and between Meaningful Meetings, eenmanszaak, www.nezakrek.com, (also herein, “we”, “us”, “our” or “Licensor”), including our legal successors and assigns, and you, the member (“Member”, “you”, “your” or “Licensee”). Thus, in this Agreement we and you set forth the terms by which we provide and allow you access to, and the use of, parts of our content and services that we have reserved exclusively for our Members. You already are a user of our content and have agreed to all of the terms of our Terms & Conditions & User Agreement and our Privacy Policy, which are both linked here for your convenience, all the terms of which are incorporated herein by reference.

2. Membership: If you have joined or have been given access to at least one of the Members’ areas of our website or, as may be applicable, you have enrolled in an educational course, have become an email subscriber with us, participated in one or more of our social media group(s), participated in a membership program and/or system provided by us, purchased any of our products or services, or copied or downloaded any of our free or paid-for content, then you agree that you are a “Member” and “Licensee” under this Agreement and that your use of our site, Materials (as defined in Section 4 below) and/or content is considered a “Membership” under this Agreement. The only type of use of our site, Materials (as defined in Section 4 below) and/or content that would not be considered part of a Membership with us would be if (i) you only read our site’s content for the sole purpose of your personal enjoyment or education and/or (ii) you only used our site to click on an advertisement, third-party link or external link; otherwise, your use of our site, Materials and/or content shall constitute your using your “Membership” with us as a “Member” and “Licensee” under this Agreement.

3. The Brands: You acknowledge and agree that we are the sole owner of the following names and brands, and, as applicable, the following internet domain names: www.NezaKrek.com "www.nezakrek.com", "transformative learning online", " transformative learning program", "active collective", "sanity saver", "Fresh Forward", "www.wisecareerchoice.com", "zoom to the moon", "GluGlu", "Comfortable with change", "Soul refugee" "Wise Career Choice", "Lead your life, love your work.", "art of facilitation for beginners", "Create your own path program", "break the mould", "Career Changemakers program", "design your career pogoram" "transformative edge program", "anchor method", "double breath design cycle", and any variations thereof, including but not limited to any and all designs, logos, trade dress, marks, trademarks (whether or not included in any formal trademark application already or in the future) and branding associated with these names (all these collectively referred to herein as the “Brands”).

4. The Materials: In connection with your Membership, we have provided and are providing you with access to materials related to your Membership, including content, media of any kind, assets, intellectual property, login credentials, Licensee’s Participation and Licensee’s Testimonials (both as defined in Section 6.D. below), templates, Templates (as defined in Section 6.E. below), which hereby include any and all materials, documents and information we provide to you as a general user of our website, whether already or in the future, and also include any and all additional materials, documents and information we provided to you as a Member, whether already or in the future, and which may or may not include or be labeled with the Brands (herein, the “Materials”). You acknowledge and agree that we are the sole and exclusive owner of the Brands and Materials, and that all our Brands and Materials hereby are, and shall be, considered “corporate documents”, or “Corporate Documents”, as described by the World Intellectual Property Organization (“WIPO”) and in the Digital Millennium Copyright Act of 1998 of the United States, as amended.

5. Natural Person: You and we agree (i) that we are providing the Materials under this Agreement to you personally, individually and as a natural person, and also to Licensee’s Entity (or Licensee’s Entities) (as defined in the following section), if any; therefore, you are entering into this Agreement as an individual and also on behalf of any Licensee’s Entity, and (ii) that we are providing the Materials to you for your own personal and individual education and development and for the benefit of any Licensee’s Entity and for no other purpose except as may be provided in this Agreement. If you use the Materials for any Licensee’s Entity, then you and such Licensee’s Entity (or Licensee’s Entities) shall be bound jointly and severally and hereby agree to every term of this Agreement and you are hereby representing you have the express authority of Licensee’s Entity (or Licensee’s Entities) to so bind and agree on behalf of such entity (or entities).

6. Our Grant of License to You: Licensor hereby grants to Licensee and Licensee hereby accepts the right, privilege and nonexclusive license to use the Materials solely in connection with Licensee’s personal individual use and for the benefit of Licensee’s Entity (or Entities), if any; in this Agreement “Licensee’s Entity” or “Licensee’s Entities” shall mean the website(s), business entity (or entities), organization(s) or other entity (or entities) of which Licensee personally and individually is the 100 percent owner. Licensee shall use the Materials at all times for Licensee’s personal individual use and/or for the use of Licensee’s Entity (or Licensee’s Entities), if any, and for no other purpose. Licensee agrees to NOT share Licensee’s login credentials, if any, for Licensor’s website or system with any other person or party. Unless otherwise stated by Licensor as to certain of Licensor’s Brands or Materials, Licensor represents and warrants that, to the best of its knowledge, it owns all rights and privileges to the Brands and Materials, including but not limited to all rights under any and all applicable intellectual property and general property laws.

A. License Fee: Licensee represents Licensee has duly paid Licensor a license or membership fee for the use of the Brands and Materials to which Licensee has been given access by Licensor. If a User/Licensee has obtained unauthorized access to certain member areas or to Materials for which the User/Licensee hasn’t paid, such User/Licensee is in material breach of this Agreement, including Licensor’s Terms & Conditions.

B. Nonexclusivity: Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Brands or Materials or from utilizing or modifying the Brands or Materials in any manner whatsoever. Licensee agrees not to interfere in any manner with, or attempt to prohibit the use of the Brands and Materials by, any other person duly licensed by Licensor.

C. Protection of Our Title & Rights: Licensee agrees that it will not, during the term of this Agreement, or thereafter attack the title or infringe on any rights of Licensor in and to the Brands and Materials or attack the validity of the license granted herein. Licensee agrees to assist Licensor to the extent necessary in the procurement of any protection or to protect any of Licensor’s right to the Brands and Materials. Licensee shall notify Licensor in writing of any infringements or imitations by others of the Brands and Materials which may come to Licensee’s attention, and Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensee agrees to cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor’s rights in and to the Brands and Materials, and Licensor shall reimburse Licensee its reasonable costs for such cooperation unless Licensee is in breach of this Agreement. It is agreed that nothing contained in this Agreement shall be construed as an assignment or grant to the Licensee of any right, title or interest in or to the Brands and Materials, it being understood that all rights relating thereto are reserved by Licensor, except for the license hereunder to Licensee of the right to use the Brands and Materials only as specifically and expressly provided in this Agreement.

D. Licensee’s Participation and Testimonials. Assignee hereby authorizes Licensor to use any and all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Participation”). Also, Assignee hereby authorizes Licensor to use any and all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee and text-copy provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Testimonial”). Licensor’s standard practice in publishing its Licensee’s Testimonials includes the publication of Licensee’s first name and last initial, Licensee’s state, province and/or country of residency, and/or a small (no greater than 300px by 300px) photo of Licensee, along with a small (not exceeding 500 words) amount of the text-copy (or reasonable paraphrasing or translation of the text-copy) provided by Licensee. Licensee hereby agrees that effective immediately and until the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, goodwill, titles or other rights in and to the Brands and Materials which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavors covered hereby, including without limitation Licensee’s Participation and/or provision of any Licensee’s Testimonial. Any such assignment, transfer or conveyance shall be without compensation or consideration other than the mutual covenants and considerations of this Agreement. Licensee recognizes that there exists great value and goodwill associated with the Brands and Materials, and acknowledges that the Brands and Materials, and that all rights therein and goodwill pertaining thereto, belong exclusively to Licensor, and that the Brands and Materials have a secondary meaning in the mind of the public. Licensee also agrees, represents and warrants that Licensee’s Participation and/or Licensee’s Testimonial shall in no way infringe upon the intellectual property rights of any third party.

E. Use of Brands, Materials and Templates: Licensee shall have no right to affix the Brands or Materials to any building, sign, merchandise, image, website or webpage, document or other item, whether online or offline, without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee shall have no right to copy any of the Brands or Materials, without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee shall have no right to modify any of the Materials without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee hereby promises that Licensee’s use of the Brands or Materials, whether directly or by association, (i) shall not in any way reflect negatively on Licensor’s Brands, Materials or on Licensor, in general, and (ii) shall be and are fully compliant and complimentary with any applicable laws, regulations, corporate rules and guidelines. If or when Licensor provides Licensee with a part of the Materials as a template for Licensee’s modification and personal individual use or for use with Licensee’s Entities (the “Template”), Licensee may copy and modify the Template as long as Licensee’s use and modifications of the copy of the Template fully comply with Licensor’s written instructions for the Template and with the terms of this Agreement. After Licensee’s full compliance with Licensor’s written instructions for modifying the Template (thereafter “Licensee’s Modified Template”), Licensee may affix Licensee’s Modified Template to any website or webpage, document or other item, whether online or offline. Licensee further agrees to fully complete and comply with Licensor’s written instructions for the Template including without limitation any attribution or copyright-notice instructions. Licensee also acknowledges and agrees that Licensor shall retain full and exclusive ownership of Licensor’s Template, which Licensor may update and modify from time to time at its sole discretion.

F. Ownership of Brands and Materials: Licensee agrees that the Brands and Materials are the sole property of Licensor and that Licensee has no interest whatsoever in such Brands and Materials, and Licensee shall use the Brands and Materials only for so long as the license granted hereby remains in full force and effect. Licensee shall not take any actions, or aid or assist any other party to take any actions that would infringe upon, harm or contest the proprietary rights of Licensor in and to the Brands and Materials. Any information that Licensee is exposed to by virtue of their relationship with Licensor under this Agreement, which information is not available to the general public, including without limitation the Materials and Licensor’s Templates, shall be considered to be “Confidential Licensor Information.” Licensee may not disclose any Confidential Licensor Information to any person or entity, except when and where compelled by law, unless Licensee obtains prior written consent for such disclosure from Company.

G. Indemnification. Licensee agrees to defend, indemnify and hold harmless Licensor, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of Licensee’s personal individual conduct, actions or inactions, the operations of Licensee’s Entity or Licensee’s Entities, if any, and/or from Licensee’s breach of any of the terms of this Agreement, Licensor’s Terms and Conditions or Privacy Policy.

H. Lifetime Access, Term, Termination: If at any time Licensor offers Licensee “Lifetime Access” to any part or all of the Materials, “Lifetime Access” shall mean Licensee’s license rights granted hereunder and rights to use the Materials may be terminated by Licensor immediately with or without notice and without the opportunity to cure should any of the following events occur: (i) the death of Licensee, or (ii) the end of Licensor’s business as a going concern, including, for example and without limitation, by its bankruptcy, or (iii) the end of, or disability for greater than 12 months of, Licensor’s access to and use of the internet, which is the primary platform or system by which the Materials are delivered to Licensee, or (iv) Licensee shall fail or refuse to perform any other obligation created by this Agreement or Licensee breaches any term or condition of this Agreement or any other agreement between Licensee and Licensor or its affiliates, or (v) Licensee has made any misrepresentations relating to the acquisition of the license granted herein, or (vi) Licensee engages in conduct which reflects unfavorably on the Brands and Materials or upon the operation and reputation of Licensor’s business; “Lifetime Access” shall not include Licensee’s access to any social media forums, groups or pages sponsored by Licensor, any Materials expressly excluded by Licensor, or any Materials labeled by Licensor as available for a limited time. Licensee may not terminate this Agreement. In the event of termination of this License for any reason, Licensee shall immediately cease all use of the Brands and Materials and shall not thereafter use any material, name, mark or trade name similar thereto. Termination of the license under the provisions of this subsection shall be without prejudice to any rights which Licensor may otherwise have against Licensee.

I. Relationship of Parties. Licensee shall not in any manner or respect be the legal representative or agent of Licensor and shall not enter into or create any contracts, agreements, or obligations on the part of Licensor, either expressed or implied, nor bind Licensor in any manner or respect whatsoever; it being understood that this Agreement is only a contract for the license of the Brands and Materials. Nothing herein contained shall be construed to place the parties in the relationship of partners or joint-venturers or of franchisor / franchisee. This Agreement and all rights and duties hereunder are personal and individual as to Licensee and Licensee shall not, without the written consent of Licensor, which consent shall be granted or denied in the sole and absolute discretion of Licensor, be assigned, mortgaged, sublicensed or otherwise encumbered by Licensee or by operation of law. This Agreement may not be waived or modified except by an express agreement in writing signed by both parties by non-electronic signature. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement with respect to its subject matter, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party within the time provided by applicable law may commence appropriate legal proceedings to enforce any or all such rights.

7. Notices. All notices from us to you relating to this Agreement will be sent to the email address you have provided to us. If or when you would like to notify us about your Membership or about anything relating to this Agreement, you can do so at the following email address: h e l l o @ n e z a k r e k .com, including the word “membership” in the subject line.

END OF MEMBER LICENSE AGREEMENT

COURSES AND DIGITAL PRODUCTS TERMS

Refunds