The following is a binding agreement between you ("enrollee") and SHINE with Bren (“SHINE”) upon enrollment in any of our online courses. By enrolling in a course, you indicate consent with this agreement. You also acknowledge and accept the terms of this agreement for any and all other programs you may enroll in and/or attend in the future.
SHINE shall provide to you access to the online course, including all downloadable course materials, resources, and course media through our membership site “The Vault.”
ENROLLEE AGREES:
(1) Enrollee will pay the full tuition as indicated in the Payment Due paragraph;
(2) The SHINE Materials are the sole and exclusive property of SHINE, and Enrollee will use the SHINE Materials for the sole purpose of taking and passing the course;
(3) Enrollee shall not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the SHINE Materials, except for personal backup and access use;
(4) Enrollee will keep the SHINE Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the SHINE Materials or their contents, to any other person or entity;
(5) Enrollee will not disrupt, disturb, or otherwise unduly interfere with the conduct of any SHINE online course, as determined by SHINE.
(6) Enrollee warrants that Enrollee is not an agent or employee of any other NLP training company and is taking the SHINE Course solely for the purpose of increasing Enrollee's own personal development.
In the event that Enrollee breaches any of Enrollee's agreements and warranties as set forth in clauses 1 through 6 herein, Enrollee agrees that, in addition to and without limitation of any other right or remedy to which SHINE is entitled, SHINE may terminate Enrollee's further participation in the SHINE Online Course and may revoke Enrollee's right to use the SHINE Materials without refund.
CANCELLATIONS
Should you need to cancel or transfer your enrollment, our refund agreement reflects the fact that we incur most of the expenses of your course before you even begin the course.
All cancellation must be submitted to SHINE in writing via written letter or fax. While voicemail will not be an accepted method of cancellation, enrollees may call and speak to a SHINE representative for consultation. Cancellation will be considered official from the date written confirmation is received by SHINE.
In addition, all cancellations must be submitted with a Certificate of Destruction certifying that you have destroyed any and all digital copies of SHINE intellectual property associated with this course. Enrollee may download the Digital Certificate of Destruction form here, 24 hours a day, seven days a week.
All physical product bonuses given to you at the time of enrollment must be returned in resellable condition to receive credit for those items. If any of the items are damaged or worn such that they cannot be resold, the cost of those items will be deducted from any refund given.
Our program Cancellation Agreement is as follows:
-- 0 - 10 days from enrollment: Full refund available
-- 11 days or more after purchase: No refund available.
PAYMENT DUE
Minimum payment is due immediately upon enrollment. No enrollment will be held without payment. The balance of your payment is due based upon a calculated rate determined by you at checkout. Enrollee may enjoy continued access to the online course, provided the enrollee's account is in good standing with up-to-date payments.
If the enrollee should default on any payment, the enrollee will have ten (10) days to rectify the situation. If the situation is not rectified in the time given, access to the course will be suspended until payments have been rectified. If the enrollee should be 30 days or more in default, any all special discounts and bonuses will be forfeited and full tuition applies and refund will not be possible.
If the enrollee should default on any installment payment or be in Accounts Receivables for more than 60 days, the result may be cancellation of the enrollment and the Cancellation Agreement will apply. SHINE reserves the right to send any delinquent account to collection.
An NSF returned check or declined credit card charge will carry a fee of $50.
ARBITRATION
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Santa Ana, California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
JURISDICTION AND VENUE
The courts of Orange County in the State of California, USA and the nearest U.S. District Court in the State of California shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
CONTROLLING LAW
This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
SEVERABILITY
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
FORCE MAJEURE
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
WARRANTEE
You agree that these courses are provided as-is and without warrantee for educational purposes only. You also agree to hold harmless and indemnify SHINE, it's agents and Brenda Jones against any and all claims and actions arising out of the use of these courses, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from your participation in the courses.