Terms of Use Agreement and Liability Disclaimer

 

Last date updated: June 15th, 2020

All programs, products, courses or services are owned and provided by Sydney Smith (“Arien” or “Arien Smith” or “Uncover Your Joy” or “Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “Course” and “Prosperity Path Program”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at [email protected] and we will make reasonable efforts to remove your name, email and access to our Course and website(s).

YOUR COURSE USE AND CONSENT

When you purchased a Course from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Course and further access of the Course, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Course. Access of our Course(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

By purchasing this Course, Arien Smith grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Course and any associated materials solely for your own personal and non-commercial use. The copying, redistribution, use or publication by you of any of the content within our Course is strictly prohibited. Your purchase of our Course does not grant you any ownership rights to our Course. Any breach in the terms of this agreement may result in termination of your access to the Course materials.

DISCLAIMER

The information contained in this website or provided through our blog, e-mails, videos, programs, services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. In this capacity as a Mentor and Peer Support Advocate, we are not holding ourselves out to be medical health practitioners including doctors, nurses, physician assistants, mental health providers including psychiatrists, psychologists, therapists, counselors, or social workers, or spiritual counselors. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. Rather, we serve as coaches, educators, mentors and guides who help you reach your own health and wellness goals through implementing incremental, positive, healthy, sustainable lifestyle changes.

The resources provided on this site are intended to be educational and provide helpful information. While services offered, including meditation, mindfulness, self help, and coaching all may have beneficial effects, they are not a substitute for appropriate medical attention, and Uncover Your Joy makes no claims about the specific individual results that may occur or their permanency. Recommendations on our website, blog, emails, and training courses and any comments about the outcome are expressions of opinion only.

Arien Smith does not provide any form of medical care or psychotherapy nor does he represent his services as any form of medical or mental health care.

Please consult a trusted health care provider, a qualified physician or therapist when dealing with physical and/or mental illness or disease, before making any health care decisions, or for guidance about a specific medical condition.

The content of the Uncover Your Joy website and training courses (The Prosperity Path Program) is provided for information purposes only. Uncover Your Joy makes no claim as to the accuracy or authenticity of this content. Furthermore, Uncover Your Joy does not accept liability to any person for the information or advice provided on its website, in sessions, or in training courses or incorporated into it by reference. Uncover Your Joy does not accept any liability for loss or damages incurred as a result of reliance placed upon the content of the website or training courses. This information is provided on the basis that all persons accessing this website undertake responsibility for assessing the relevance and accuracy of its content.

CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER

Our intent is NOT to replace any relationship that exists, or should exist, between you and your doctor, nurse practitioner, physician assistant, mental health practitioner, spiritual counselor, or other health care professional. Always seek the advice of your physician, nurse practitioner, physician assistant, mental health provider, or another health care professional regarding any questions or concerns you have about your specific health situation, including but not limited to physical or mental health issues, possible or actual pregnancy, known or suspected food sensitivities or allergies, inflammatory conditions, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician, nurse practitioner, physician assistant, and/or your own mental health provider before implementing any suggestions from our website, blog, e-mails, videos, programs, services and/or products about lifestyle and personal growth. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical problem, contact your own health care provider promptly. Uncover Your Joy is not liable for negligence to pursue your own treatment from a health care provider.

FEES

Fees. Fees for Courses are set forth on the Website. We reserve the right to change Course Fees at any time. Currently, the fee is $92 (USD) for lifetime access to The Prosperity Path Program. Membership access is $29 and is renewed on a monthly basis until cancellation. The Prosperity Path Membership is an additional and optional purchase.

REFUNDS

We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the Course. We offer a 30-day refund period for purchases of Courses. However, in order to qualify for a refund you must submit proof (as detailed below) that you did the work in the course and it did not work for you.

In the event that you decide your purchase was not the right decision for you, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 EST (New York City time). You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. All refunds are discretionary as determined by Uncover Your Joy.

The work that you need to submit with your request for a refund includes ALL of the following items:
+ Proof of completed worksheets from Modules 1 and 2 (Acceptance and Empowerment Modules)
+ The email address you have used to join The Prosperity Path Program
+ An explanation of why the course is not a good fit for you (this can be brief or lengthy)

We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, and attach the required complete coursework as outlined above, you are required by law to complete the remaining payments of your payment plan.

Recurring​ ​Payments.​
If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.

If you have signed up for The Prosperity Path Membership, no refunds will be provided after payment is made. You can cancel recurring payments at any time without penalty and you will retain access to the membership materials until the end of the term you have already paid for.

This policy applies irrespective of whether or not you have logged on to your member dashboard and utilized membership resources. Refunds may be provided in special circumstances in accord with relevant consumer law.

Late Payments. If payments are not made on time, you will lose access to The Prosperity Path Program and Membership within 3 business days. Access will not be provided until payments are made in accordance to the Payment Terms.

Chargebacks.​ ​You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.

TERMINATION

You have the unilateral right to terminate your use and access to any of our Course(s). Please send an email to [email protected] to initiate this process. Termination will not excuse you of further payment unless a Refund has been negotiated in writing or email. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. For any existing balance that remains after 14 days from the date of termination, we reserve the right to send this to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

INTELLECTUAL PROPERTY

All text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Uncover Your Joy or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Course is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You​ ​may:
Access the Course for your individual use (if additional members of your team or family need to access the Course, you must purchase additional Courses at one per each person);
Download and/or print any Course materials for your individual use (if additional members of your team or family need to download and/or print any materials from the Course, you must purchase additional Courses at one per each team member);
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing ©UncoverYourJoy as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You​ ​may​ ​not:
Re-sell or trade your access to the Course;
Share the Course with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Course, except as set forth above and for your own individual use;
Republish any of the Course, in part or in whole;
Distribute any of the materials contained in the Course or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Course for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Course (and its related communications and materials);
Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Request​ ​for​ ​Permission​ ​to​ ​Use​ ​Content.​
If you wish to use, publish or refer to any of our content, Course(s) or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at [email protected] Permission is not granted until you receive such permission in writing.

Civil​ ​and​ ​Criminal​ ​Penalties.​
Even though our Courses are not physical property, we reserve the right to pursue charges of theft. You may face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New York​ by opting into or purchasing any Course or accessing its related communications and/or materials.

Your​ ​Materials​ ​and​ ​Contributions.​
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course, Facebook, and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. We will attempt to gather written permission before sharing materials, unless said materials are required for us to provide to an outside source by law.

Notification​ ​of​ ​Use.​ ​We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.

THIRD PARTY AFFILIATE DISCLAIMER

Our Course may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

TESTIMONIALS

We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.

SECURITY AND ASSUMPTION OF RISK

Security.​ ​ It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Course, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Confidentiality.​ ​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. We will, though, make an effort to uphold confidentiality and privacy, unless obligated by law. We will make reasonable attempts to only share material you provide (as in, in The Prosperity Path Facebook Group) with written consent. We are not liable for other members sharing material you provide outside of the designated Program spaces and any harm that may occur from such. We will, once informed, take action in accordance to our Terms to remove said member from the Program, if they have breached the rules outlined in their agreements.

Assumption​ ​of​ ​Risk.​ ​By accessing our Course(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.

LIFETIME ACCESS/REVOKED PERMISSION

Uncover Your Joy upholds the right to remove your access from the Course at any breach of these terms or rules outlined in Prosperity Path Rules and Guidelines, even if The Prosperity Path Program has been paid in full by you. No refunds will be issued in such cases.

You may be issued a warning, but it is not required prior to removing access. You may file a dispute, in writing, to [email protected] if you believe your access was revoked on false or misunderstood circumstances. Uncover Your Joy reserves the right to make the final decision on your access.

COPYRIGHT INFRINGEMENT

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website;

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

ADDITIONAL DISCLAIMERS

General​ ​Disclaimer.​ ​To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Course and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Course. This Course is for educational and entertainment purposes only. None of the Course or its related material(s) should be construed as medical, legal, financial advice.

EARNINGS AND OUTCOMES DISCLAIMER

While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of of our Course(s). Any results you see on are not guaranteed.

THIRD PARTY DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Course(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as AccessAlly or WPEngine, where We host our courses.

Account Access via Learning Portal
Your individual Prosperity Path Program account provides you with access to a range of resources and services, including course content, group support, your learning dashboard, and more. To access the learning portal, you will require:

  • Internet connection (for video content access, a broadband connection is recommended)
  • An appropriate computer device (laptop/desktop computer or mobile device)
  • Up-to-date internet browsing software (e.g. Edge, Safari, Firefox, Chrome)
  • PDF Reader (to open/download PDF files).

To access the Prosperity Path community groups you will need:

  • A Facebook account
  • Internet connection (for video content access, a broadband connection is recommended)

If you cancel or fail to renew your account, you will still be able to login to your member dashboard and update your details; access course and payment history (such as tax invoices, certificates, profile information, etc.); and renew your access.

ERRORS AND OMISSIONS

This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at [email protected]

If you note any discrepancies, errors, technical faults and/or other problems in video, please contact our team on [email protected]

INDEMNIFICATION, LIMITATION OR LIABILITY AND RELEASE OF CLAIMS

Indemnification. ​You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Course(s).

Limitation​ ​of​ ​Liability.
Uncover Your Joy and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Course(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Course(s) and related material(s).

Dispute​ ​Resolution.​
You agree to notify the Company of any concerns or issues regarding the Course, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Course(s), the laws of New York shall apply.

Non-Disparagement.​
If you are found to be slandering, libeling or otherwise disparaging our Company, Course(s) or related materials, you will be immediately removed from the Course(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.

WAIVER

By reading or participating in Uncover Your Joy’s site, blog, emails, training courses or healing sessions, you acknowledge the following:

The products and services you receive from Uncover Your Joy are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions, and that Arien Smith is not acting as, nor makes any claim to be a psychologist, mental health counselor or a medical professional.

Uncover Your Joy makes no claims about the specific individual results or outcomes that may occur or their permanency. Ideas offered by Uncover Your Joy are solely for the intended purpose of entertainment and education, and you give your informed consent to receive such content.

You are fully in charge of and responsible for your well-being during sessions and trainings, including your choices and decisions during and after.

Uncover Your Joy will protect your information as confidential, to the best of our ability, unless you state otherwise in writing or required to release information by law. In addition, if you report abuse or threaten to harm yourself or someone else, your confidentiality agreement is limited in this capacity. Further, the use of technology used on this site and its services may not always be secure and you accept the risks of confidentiality in the use of email, text, phone, Skype, Facebook, and other technology.

Uncover Your Joy, Arien Smith, Sydney Smith and any agents are waived from any claim, or demand for compensation for damages you may claim to have a result of the relationship with or advice given by Uncover Your Joy.

MISCELLANEOUS

All​ ​Rights​ ​Reserved.​ ​All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company.

CONTACT

If you have any questions about any term of these Terms of Use, please contact us at a[email protected]