This is an agreement (the “Agreement”) between you, the client, and AND Wellness LLC d/b/a Ancient New Direction (the “Company”). This Agreement sets out the terms and conditions that apply to your use of audio Guided Weekly Holistic Practice recordings offered by Ancient New Direction (the “Program”).

No Medical Advice Given. The information Ancient New Direction provides on its website or in Program materials including but not limited to Guided Weekly Holistic Practice recordings is not intended as a substitute for medical professional help, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider (including mental health providers) with any questions you have regarding your medical care.  Ancient New Direction does not provide mental health services. If you are in need of mental health services you should seek counseling outside of this program with a licensed therapist or other trained mental health practitioner. Specifically if you are having any thoughts of self-harm or harm to another individual you should get immediate professional help which can be accessed by calling 9-1-1 or going to the emergency room (ER).

Intellectual Property. The Program and all materials are for your personal use, only. Audio recordings must be streamed from within the membership site. Uploading or downloading any materials onto a personal device is prohibited. Sharing links or login or access information for the MP3s is prohibited. If you do not comply with this Agreement, Ancient New Direction may revoke your access to the material without refund. Nothing in this section shall be construed to limit Ancient New Direction’s ability to recover damages for infringement of Ancient New Direction’s copyright or other valuable intellectual property.

No Warranties or Guarantees. The Program is intentionally crafted to provide holistic support to participants, however each participant’s experience varies and the Program may elicit difficult memories or prove unsupportive for you, personally. You are responsible for your use of the material provided by the Ancient New Direction; which includes how, when, and to the degree you are using and integrating the information. You are responsible for your own decisions, actions, and results. Ancient New Direction recommends that you reach out to a professional trained in the area of need should you find professional mental/emotional, physical, or spiritual support that you deem necessary or helpful. Ancient New Direction disclaims all warranties and cannot guarantee any particular results or outcomes from the Services provided under this Agreement.

Payment and Refunds. By completing the Program payment form, you authorize Ancient New Direction to charge your credit, debit card, cash your check, or submit a payment through a payment provider (such as Stripe®), as payment for the participation in the Program. Payments are due at time of service. When you purchase the Program, you shall be granted access to Ancient New Direction’s valuable intellectual property. Thus, all Program payments are nonrefundable. A free consultation is available for you to meet and discuss if this program is a good fit for you. Once you have executed this Agreement and submitted payment for the Program, in all cases, you are responsible for full payment of fees for the entire course of the Program, regardless of whether you actually attend or complete the Program.

Consent to Autobill. Should Ancient New Direction make an automatic recurring payment option available to you, by enrolling in such an option you acknowledge that your subscription shall be automatically renewed at the end of the month unless you take affirmative steps to cancel the subscription prior to the renewal date. If you enroll in an automatic recurring payment option, you may cancel your subscription at any time prior to the renewal date through Ancient New Direction’s payment processing platform, or by emailing info@ancientnew.com with “CANCEL” in the subject line.

Liquidated Damages. Due to the nature of the Program, it is difficult to predict the cost of damages caused by breach of this Agreement. In the event you are dissatisfied with Ancient New Direction’s performance of its obligations contained in this Agreement and claim any breach of this Agreement and/or claim any breach of duty on the part of Ancient New Direction including, but not limited to breach of contract, breach of warranty, or any other claim of any kind or sort, the maximum amount you can recover from Ancient New Direction in any suit against Ancient New Direction is the price you paid to Ancient New Direction for the Program. Ancient New Direction shall not be liable for any consequential, incidental, special, or punitive damages for breach of this Agreement.

Liability Waiver. You understand that participation in the Program may carry risks including but not limited to emotional injury resulting from addressing challenges that may be brought to light while participating in the Program, and risks resulting from following the advice or suggestions of Ancient New Direction.

To the extent included or recommended as part of the Services, additional risks may result from your participation in any physical health-related activity or your voluntary choice to change your habits, actions, practices, or parenting based on information provided by Ancient New Direction. These risks include risks to you and to your unborn child and include risks of psychological or developmental harm. Risks associated with physical activity include but are not limited to the cause or aggravation of a physical injury or condition, muscular strain or injury, injury to sensitive areas such as the back and neck.

You exempt and release Ancient New Direction, its owners, officers, agents, employees, and contractors from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss, or injury to you while participating in the Program, whether such loss, damage, or injury results from the negligence of Ancient New Direction, its owners, officers, agents, employees, or contractors, or from some other cause.

Consent to Abide by these Terms and Program Guidelines. By indicating that you agree to Ancient New Direction’s terms at checkout on the payment page of Ancient New Direction, you acknowledge that you have read, agree to, and accept all of the terms and conditions contained in this Agreement.

Modifications. This Agreement may be amended at any time by placing a revised version on the Ancient New Direction Member Dashboard. Your continued participation in the Program for more than seven (7) days without objection or notice following receipt of such amended terms shall constitute acceptance of the modified terms.

Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of Colorado (excluding its conflicts of laws principles). In the event that either party brings a claim for breach of contract or otherwise initiates a formal dispute, all such disputes shall be initiated in the City of Longmont (Boulder County), Colorado or in the US District Court of Colorado. Prior to filing a lawsuit, the parties agree to submit any dispute to mediation, the procedure for which shall be mutually agreed upon by the parties. The parties agree to share equally any costs or fees resulting from engagement of a mediator. The parties agree to pay their own individual expenses incurred in the mediation, including, without limitation, the cost of each party’s independent counsel or other representatives.

ANCIENT NEW DIRECTION 2021