SUBSCRIPTION AGREEMENT

THIS SUBSCRIPTION AGREEMENT is between each subscriber (“Subscriber”) and THE MARRIAGE DOCTOR, LLC (“Company”), and governs the terms and conditions for Subscribers to the subscription services offered by the Company.  Acceptance of this Agreement is a condition precedent to obtaining access and to maintaining access. By subscribing to and using the services, Subscriber agrees to pay all applicable fees and abide by the terms of this agreement, as it now exists and as may hereafter be amended. 

Subscriber agrees that the username and password will not be disclosed to any unauthorized person. The Company may change Subscribers’ username and password at any time, provided that Subscriber is sent notice to the last known email address.  All authorized users will have a unique access login, allowing them to obtain access to the services selected.  Each Subscriber agrees to keep his or her personal access code confidential and to notify of any violation of this agreement. 

The resources offered by the Company provide general education and information and are not intended to diagnose, assess, provide treatment or professional advice. These resources may be viewed, printed, or saved to Subscribers’ hard drive for personal use and use in business only, but may not be published to others without the prior consent of the Company. 

The Company services are provided on an “as is, as available” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to the Company. Further, no warranty of any kind is implied regarding reimbursement for losses of income due to disruption of service by the Company. Every effort is made to assure that all information published is correct.  However, the Company disclaims any liability for errors in the services Subscriber assumes the risk of possible errors. 

All fees and charges for access to the resources shall be paid by the subscriber within ten (10) days of obtaining notice of username and password and are non-refundable.  A finance charge of 1% of the unpaid balance per month will be added to all unpaid statements.  However, each Subscriber is free to terminate the subscription at any time for any reason but not before the payment of all fees charged for access. If the Company has reasonably concluded that any Subscriber has breached the terms and conditions of this Agreement, the Subscriber’s account and access privileges will be terminated immediately. Additionally, the Company reserves the right, in its sole discretion, to terminate any Subscriber for any reason without notice. 

The Company reserves the right to change access fees following notice published online 30 days prior to such changes and to automatically apply such adjustments to all existing accounts. The Company also reserves the right to cancel any of its’ services and refund the fee pro-rata.     

The term of this Agreement shall be for a period of one-year unless terminated and may be renewed and extended for consecutive one-year terms with an active subscription. Subscription access, expiration and payment frequency may vary based upon the designated and elected product. The terms and conditions of the specific product(s) purchased will govern use and pay frequency. Access to each product or service will expire based upon the terms and conditions of the specific product. 

No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver. 

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida.

PRICES AND PAYMENT TERMS

The prices for the Products shall be as stated on the Order. Upon purchase, Subscriber will receive a username and password for each subscription purchased in the Order. The username and password can only be used by one person to access and use the Product. The only exception is if Subscriber purchases a premarital education course, only Subscriber and their significant other/fiancé(e) may access the course. 

REFUND

To request a refund, email info@drtabitha.com. If after 30 days of the Program, Subscriber is not satisfied, the Company may issue a refund on the amount paid under this Agreement less any external fees, subject to the following conditions: 

• Deadline to Apply for Refund: To be eligible for a refund, Subscriber must submit a refund request by 11:59 P.M. EST on the 30th day from the date of purchase.
• Return of materials: The Company reserves the right to request a return of all materials and that the user discontinues use of and access to the digital materials.
• Completed Course Work: The Company will ask for Subscribers’ completed course workbook, if applicable to the purchased product.
• Company Discretion: The Company may (at its sole discretion) choose to issue or deny a refund after the requested materials are received. 

INTELLECTUAL PROPERTY

Subscriber agrees that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by the Company and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including any sharing on social media, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides Subscriber with the Product Content solely for personal, noncommercial use, and Subscriber agrees not to use any of the Product Content in any way whatsoever except for in compliance with this Agreement. Subscriber will not use any Product Content in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, Subscriber may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. Subscriber may, however, from time to time, download and/or print one copy of individual pages of the Product Content for personal, noncommercial use, provided that all copyright and other proprietary notices are kept intact. 

THIRD-PARTY SERVICES, MATERIALS AND WEBSITES

The Company may provide links to third-party services, materials, and websites as a convenience to Subscriber. These third-party services, materials, and websites are not part of the Product Content, and they may be either withdrawn or terminated from the Product Content at any time without notice and without any liability to the Company. Subscriber will be responsible for all payments and other obligations associated with the use of any and all third-party services, materials, and websites. Also, Subscriber agrees that the Company is not responsible for examining or evaluating the content or accuracy of any third-party services, materials, and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. Subscriber further agrees not to use any third-party services, materials, and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for Subscribers’ improper use of third-party materials and websites. 

DISCLAIMER

SUBSCRIBER AGREES THAT THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

WHEN ADDRESSING RELATIONSHIP MATTERS IN ANY OF OUR PRODUCTS, WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS, OR OTHER CONTENT, THE COMPANY HAS TAKEN REASONABLE EFFORT TO ENSURE ACCURATE REPRESENTATION OF PROGRAMS AND THEIR ABILITY TO HELP IMPROVE SUBSCRIBERS RELATIONSHIP AND LIFE. HOWEVER, COMPANY DOES NOT GUARANTEE  SUBSCRIBER WILL GET ANY RESULTS USING ANY OF THE COMPANY’S PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR INFORMATION, AND NOTHING ON THE WEBSITES OR IN THE PRODUCTS IS A PROMISE OR GUARANTEE OF PERSONAL OR RELATIONAL OUTCOMES.

SUBSCRIBER EXPRESSLY AGREES THAT USE OR INABILITY TO USE THE PRODUCTS IS AT SUBSCRIBER’S SOLE RISK. BY PURCHASING A SUBSCRIPTION TO THE PRODUCTS, SUBSCRIBER ACCEPTS, AGREES, AND UNDERSTAND THAT HE OR SHE IS FULLY RESPONSIBLE FOR  PROGRESS AND RESULTS FROM PARTICIPATION AND THAT THE COMPANY OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING SUBSCRIBER’S RELATIONSHIP, MARITAL OR RELATIONAL OUTCOME, PERSONAL OR RELATIONAL SATISFACTION, OR RESULTS OF ANY KIND. SUBSCRIBER ALONE IS RESPONSIBLE FOR INDIVIDUAL ACTIONS AND RELATIONSHIPS. SUBSCRIBER ALSO UNDERSTANDS THAT ANY TESTIMONIALS OR ENDORSEMENTS BY CUSTOMERS OR AUDIENCE REPRESENTED IN THE PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY THE COMPANY, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN THE PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OPINIONS OR A SUMMARY OF PREVIOUS RESEARCH FINDINGS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

THE PRODUCT OFFERINGS AND EDUCATIONAL COACHING ARE BASED ON SCIENTIFIC RESEARCH; HOWEVER, INDIVIDUAL OUTCOMES MAY VARY. THE PRODUCTS OFFERED ARE EDUCATIONAL IN NATURE AND IS NOT THERAPY, COUNSELING OR PSYCHOTHERAPY. THE COMPANY OFFERS NO PROFESSIONAL, LEGAL, MEDICAL, OR FINANCIAL ADVICE.

ADDITIONAL TERMS AND CONDITIONS 

1. LIMITATION OF LIABILITY: IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE MARRIAGE DOCTOR LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF SUBSCRIBER’S USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) SUBSCRIBER’S DIRECT DAMAGES SHALL BE LIMITED TO THE FEES PAID FOR THE APPLICABLE PRODUCT.
2. Termination: The Company is committed to providing all customers with a positive experience. The Company, in its sole discretion and on notice to Subscriber, may: (a) limit, suspend, or terminate Subscriber’s access to the Products and/or participation in the  program without refund; and/or (b) terminate this Agreement. Subscriber’s obligations to the Company under this Agreement will survive the expiration or termination of this Agreement for any reason.
3. Changes: The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on Subscriber’s access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Subscriber’s continued use of the Products will be deemed acceptance thereof. The changes may be listed in an area accessible to Subscriber on the Company’s website or Subscriber may be notified by either email or postal mail.

INDEMNIFICATION

Subscriber agrees to indemnify and hold harmless the Company and its directors, officers, members, agents, and advisors, from and against all losses that each may incur (individually and/or collectively, jointly and severally) against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from Subscriber’s breach of this Agreement and/or misuse of Products. Subscriber recognizes and agrees that all the Company’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. 

MERGER

This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties.  No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties.