Terms and Conditions
BY PURCHASING ITEMS AND SERVICES THROUGH SOBRIETY KIT, YOU AS THE PURCHASER AGREE TO THE FOLLOWING
1. Products & Services
Sobriety Kit is a marketing platform owned and operated by Big Iron Ltd. (herein referred to as “Company”). Purchasers agree to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.
2. Disclaimer
Purchaser understands Company and it’s subsidiaries, owners, principals, directors, executives, employees, staff, or agents are not lawyers, doctors, managers, therapists, business managers, registered dieticians, financial analysts, psychotherapists or accountants.
Purchaser understands that products and services will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. Purchaser understands that the Program is not a substitute for health care, medical or nutritional advice of any kind. Purchaser understands and agrees that they are fully responsible for their mental well being during the coaching calls, and subsequently, including their dietary, mental and physical choices and decisions during the time of undergoing and programs from Sobriety Kit.
Purchaser agrees to seek medical advice as determined by their own judgment before starting this or any other program or discontinuing use of any medications as prescribed by their medical practitioner.
Purchaser understands the information contained within it is not intended to treat, diagnose, cure, or prevent any disease. Seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition before undertaking this course. You should never delay seeking medical advice, disregard medical advice, or commence or discontinue any medical action because of information on this website.
Purchaser acknowledges that although anyone may find the practices, disciplines, and understandings in this website to be useful, it is made available with the understanding that neither the author nor the publisher is engaged in presenting specific medical, psychological, emotional, or spiritual advice. Nor is anything in this website intended to be a diagnosis, prescription, recommendation, or cure for any specific kind of medical, psychological, emotional, or spiritual problem. Each person has unique needs and this online course cannot take these individual differences into account. Each person should engage in a program of treatment, prevention, cure, or general health only in consultation with a licensed, qualified physician, therapist, or other competent professional.
You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional medical services provider. Purchaser understands they are fully responsible for any and all adverse reactions, including but not limited to, emotional or physical reactions including relapsing back into self-harming behaviors of any kind in through interacting with the content in the website. Purchaser understands that all suggestions offered by Company are solely for the purpose of aiding purchasers in achieving their defined goals.
Purchaser has the ability to give their informed consent, and does hereby give such consent to Company to assist in achieving such goals. Additionally, the services are offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Purchaser acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.
Purchaser understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Purchaser agrees that its results are dependent on various factors and in no way dependent on any information Company provides to the purchaser.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of information from the website. To the maximum extent permissible under applicable law, Company will not be responsible to purchaser or any third party claims through purchaser for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the information found or purchased through the website.
3. Products and Services
All products and services consist solely of ‘as is’ described on the website store and are provided as described.
‘The Sobriety Kit Book’ Manuel provides example narratives and forms the foundation for planning abstinence through a strategic interpretation and execution of principals following the 5 Stages of Change model of behaviour and a planning strategy unique to The Sobriety Kit.
Sobriety Kit Master Plan worksheet provides a comprehensive worksheet that organizes goals and measurements to help follow the plan to sobriety.
The Complete Sobriety Plan solution combines the book, the master plan worksheet and provides coaching to help complete details in the plan on a personal coaching basis.
Purchases are by credit card with terms as provided by the online merchant and are non refundable once finalized. Purchasers authorize Sobriety Kit to charge credit card payments for items authorized and purchased in the online store on the website.
4. Confidentiality
The Company respects Purchaser’s privacy and insists that Purchaser respects the Company’s its Council participants (herein referred to as “Councilors”). Thus, consider this a mutual non-disclosure agreement.
Any Confidential Information shared by Councilors or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Councilor who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.
Purchaser agrees not to use such confidential information in any manner other than in discussion with the Company or Councilors during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Further, Purchaser agrees that if they violate or display any likelihood of violating this section the Company and/or the Councilors will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
5. Non-Disclosure of Materials
Material given to Purchaser in the course of Purchaser’s dealings with the Company is proprietary, copyrighted and developed specifically for Company. Purchaser agrees that such proprietary material is solely for Purchaser’s own personal use. Any disclosure to a third party is strictly prohibited.
6. No Transfer of Intellectual Property
Company’s materials is copyrighted and the original materials that have been provided to Purchaser are for Purchaser’s individual use only and a single-user license. Purchaser is not authorized to use any of Company’s intellectual property for Purchaser’s business purposes. All intellectual property, including Company’s copyrighted Program materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Purchaser agrees that if Purchaser violates, or displays any likelihood of violating, any of Purchaser’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
7. Purchaser Responsibility
Purchaser accepts and agrees that they are fully responsible for their progress and results from the use of materials found on the website. Company makes no representations, warranties or guarantees verbally or in writing regarding Purchaser’s performance. Purchaser understands that because of the nature of the materials and extent, the results experienced by each person may significantly vary. Purchaser acknowledges there is no guarantee that they will reach their goals as a result of use of these materials.
8. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, travel advisories, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party performance shall be extended without liability for the period of delay. Purchaser will still be liable for full contract amount.
9. Severability/Waiver
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
10. Miscellaneous
A) Limitation of Liability. Purchaser agrees they used Company’s services at their own risk and that materials and counselling sessions are only an educational service being provided. Purchaser releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties.
Purchaser accepts any and all risks, foreseeable or unforeseeable. Purchaser agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or materials. Purchaser knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Purchaser may sustain as a result of participating in services or products offered from the website.
Purchaser further declares and represents that no promise, inducement or agreement not herein expressed has been made to Purchaser to enter into this release. The release made pursuant to this paragraph shall bind Purchaser’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Purchaser, without express written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Indemnification. Purchaser shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and 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 the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Purchaser shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Purchaser recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
E) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
F) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.