PARTICIPATION AGREEMENT

By purchasing this digital product, you (“Client”) agree to all of the terms set forth below.

PROGRAM/SERVICE How To Be Green, LLC (“Company”) agrees to provide any digital course made available through our online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this Agreement as a condition of their participation in the Program.

DISCLAIMER Client understands that Debby Savage (herein referred to as “Consultant” or “Debby”) and How To Be Green, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist. Client understands their participation in this Program will not prevent, 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.

Client understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. Client should make their own health care and lifestyle decisions based on their own personal goals, objectives and desires. The information provided in this Program is not intended as medical advice and should not be used as a substitute for medical advice. All information provided is based on the research, knowledge and experience of Company and should be followed at Client’s discretion.

Client further understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties decide to continue their relationship, a separate agreement will be entered into.

FEES The fee for any courses or membership is posted at the time of purchase. You authorize How To Be Green to charge your credit card for the full payment today.

REFUNDS Due to the nature of the digital product and the immediate access to the Program once payment has been rendered, all sales are final and no refund will be given.

COMMUNITY GUIDELINES The Online Community, if any has been established is a place where everyone should feel welcome, safe, and secure. The purpose of the group is to connect with, share, and inspire others. Negativity, gossip, and cyber bullying will not be tolerated. Each Participant should feel safe to share in the group.

Client may not contact the other Participants outside of the group without their permission.

Failure to adhere to the Website Terms of Use and this Participation Agreement may result in removal from the Community.

CONFIDENTIALITY The Company respects Client’s privacy and insists that Client respects the Company’s and other Program Participants (“Participants”) privacy. Any Confidential Information shared by Program participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Online Community forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Participants 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 the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose confidential information to any third party.

Further, Client fully understands that any violation or a display of any likelihood of violating this section, shall entitle Company and/or the Participants to injunctive relief to prohibit any such violations to protect against the harm of such violations.

NON-DISCLOSURE OF PROGRAM MATERIALS Material given to Client in the course of Client’s participation in the Program is proprietary, copyrighted and developed solely and specifically for Company. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this digital program only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of How To Be Green.

NO TRANSFER OF INTELLECTUAL PROPERTY How To Be Green’s program is protected by copyright and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for any purpose other than Client’s own personal use. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of How To Be Green, LLC. No license to sell or distribute Company’s materials is granted or implied.

By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

CLIENT RESPONSIBILITY Program is developed strictly for educational and informational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each Participant may significantly vary. Program information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

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.

MISCELLANEOUS LIMITATION OF LIABILITY. Client agrees their use of Company’s Program is at their own risk and that Program is only an informational and educational service being provided. Client releases Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities (“Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. Client accepts any and all risks, foreseeable or unforeseeable.

Client 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 enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT. 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.

Neither Client nor any of Client’s associates, employees or affiliates 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, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on the How To Be Green website and purchasers shall be notified.

TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company.

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s members, 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 product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

In consideration of and as part of their payment for the right to participate in How to Be Green’s Program, Client, their heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge How To Be Green and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Program.

RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the United States federal court in the State of Tennessee.

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America.

CONTACT. Any questions or concerns related to this Agreement should be sent to debby@howtobegreen.org.