TERMS & CONDITIONS:

Effective Date: 06.14.24

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and Disclaimer, incorporated herein by reference. 

If you do not agree to these Terms of Use, including the agreements incorporated by reference herein, please do not use the Website

The following Terms of Use are entered into by and between You and Migraine Oasis by Karen Ash (“Company”“we”, or “us”). 

Your access to and use of the website www.migraineoasis.com (“Website”) is subject to the following terms and conditions of use (“Terms”) and all applicable laws, whether as a guest or a registered user.  By assessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Website are superseded and of no force or effect:  

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

THE WEBSITE AND ALL CONTENT AND INFORMATION ON OR THROUGH THE WEBSITE, ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE AND WE CAN NOT AND DO NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DO NOT USE THE WEBSITE OR OUR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE WEBSITE OR SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY LINE (e.g. USA: 911, SWITZERLAND: 144, etc)

 

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and its associated social media accounts, as well as all products, services, and resources available for download (“Content”) through this Website are for educational and informational purposes only.  The Content and information should not a substitute for professional medical and/or psychological advice, medical diagnosis, treatment, or therapy.

The information contained on this Website and the Content available for download through this Website is not intended as, and shall not be understood or construed as medical, health, psychological, or any other professional advice.

 

PERSONAL USE ONLY

 You agree that the Website itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Website by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use, and information by Migraine Oasis by Karen Ash (the “Company”) are the property of the Company and/or its third party providers.

You agree that such Company Content shall include all proprietary videos, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Website, excluding only the materials you provide.

Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. 

Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. 

You may not distribute, modify, transmit, or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

  

COPYRIGHT, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Website, including without limitation the name “Migraine Oasis”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.

Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Term Agreement or on the Website shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner.

Images and item descriptions posted on this Website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this Website may be the trademarks of their respective owners.

The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. 

For permission to reproduce any of the Contents of this Website, please email [email protected]

 

COPYRIGHT INFRINGEMENTS

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms.

You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other person’s use and enjoyment of this Website.

You agree not to hack into areas of this Website that are not intentionally made available to you.

You expressly agree not to: 1) engage in any internal or external spamming, or other similar actions 2) engage in any unlawful or immoral acts, or acts that are in violation of these Terms 3) decompile, reverse engineer, or try to copy or imitate this Website or underlying content 4)             use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software. 5) use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing), and 6) use data collected from the Website to contact individuals, companies or other persons or entities for marketing purposes.

You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete, and not misleading.

 

ERRORS AND OMISSIONS

 While the Company uses reasonable efforts to include accurate and up-to-date information in the Website, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Website.

 

USE OF COMMUNICATION SERVICES

Some Services on the Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, documents, disclosures, and other communications that we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company, and/or register for Content (resource downloads, course information, etc).  You consent to receive notices electronically by way of transmitting the notice to you by email. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

 

FEEDBACK, COMMENTS, OR COMPLAINTS

If you have any questions, please email [email protected]. We endeavour to respond to all inquiries within three business days

If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

WEBSITE SECURITY

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Website. Use of the Website is completely at your own risk.

 

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

 

DISCLAIMER

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

 

LIMITATION OF LIABILITY

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE WEBSITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. SINCE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS WITH ANY PROGRAM. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS WEBSITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. 

 Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

 

THIRD PARTY LINKS

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.

 

DISRUPTION OR TERMINATION OF SERVICE

THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE WEBSITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE WEBSITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE WEBSITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE WEBSITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNITY

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works, and/or other content of whatever nature or media that you post or share on or through the Website, (iv) your use of the Website or any services that the Company may provide via the Website, and (v) your conduct in connection with the Website or the services or with other users of the Website or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

APPLICABLE LAW

These Terms and the Agreement shall be governed by and construed in accordance with the laws of the Swiss Confederation and the canton of Basel-Landschaft applicable therein, without giving effect to any principles of conflicts of law.  The exclusive jurisdiction for any claim, action, or dispute with Migraine Oasis or Karen Ash or relating in any way to your use of the Website or a purchase made on the Website will be in the courts of the Canton of Basel-Landschaft. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

 

FEES AND PAYMENTS

1.1. Fees for our Products and/or Services. You agree to pay the Company any fees for each Product and/or Service you purchase or use in accordance with the pricing and payment terms presented to you for that offer. We use third party payment processors (Stripe and PayPal) to bill you through a payment account linked to your account on this site, which is Powered by Kajabi.  The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable payment processor, in addition to this Agreement. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify the Company of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Included in your fee may be customer support in respect of the Product and/or Service and it is only provided to Company customers. 

 1.2. Subscriptions.  Some of our Products and Services are billed on a subscription basis (“Subscriptions”). When you purchase a service or product with a subscription, this means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”) as outlined on the checkout page. Billing cycles are typically monthly, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle.  Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at [email protected] prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.

 The Company may change the price for Subscriptions from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by canceling Your Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

We, through our third-party providers (Stripe and PayPal) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings.  When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Product.  You authorize us to continue to charge your credit card using the updated information.  If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred.  You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

 Any change (including any upgrade, downgrade, or other modification) to any plan by you in a trial period will end the trial immediately.  You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.

1.3 Payment Plans The Company generously offers Payment Plans on many Products and Services offered through this Website. When you purchase a service or product with a payment plan, this means that you will be billed on a recurring, periodic basis (each period is called a “billing cycle”) as outlined on the checkout page, for a certain number of billing cycles. Billing cycles are typically monthly and the most common durations for our payment plans are 3, 6 or 12 months, however each checkout page will specifically outline the number of payment cycles. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle.  Your Payment Plan will automatically cancel at the end of the final billing cycle.

I. By making a purchase using a Payment Plan, you agree to pay the total balance of your payment plan in concurrence with the outlined payment schedule
II. Late Payments, exceeding 30 Days, are subject to pay 1% interest.
III. Late Payments, at the discretion of the Company, may lead to an interruption in access to your Product or Service, until your payments are up to date.

1.4 Currency Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will the Company credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion. 

1.5 Refund Policy The Company offers a Refund Policy of a 14-Day Money Back Guarantee. The Company wants our Customers to be satisfied with their purchase. In the event the Customer decides this was not the right decision, within 14 days of purchase, a refund may be requested.

Refund Policy Details:
I. Refunds can be requested within the first 14 days from the original date of purchase
II. No refund will be issued after 14 days
III. Regarding coaching, any used sessions will be deducted from the refund at the current hourly rate.
IV. Regarding Products or Services, any usage will be deducted from the refund.
V. All refunds are discretionary as determined by the Company. If the Client/Customer gains access, downloads all materials into courses and/or trainings, and then asks for a refund, the Company reserves the right to deny the request.
VI. Refunds that are issued will be issued less for the processor fee amount.
VII. Discounted offers are final sale, and no refund will be issued, and no payment plan can be prematurely cancelled.
VII. Discounted offers are final sale, and no refund will be issued, and no payment plan can be prematurely cancelled.


The refund policy is designed to give the Client the opportunity to see if the purchase is a good fit for them, not as an opportunity to steal program materials and proprietary information.

 

RESOLVING DISPUTES; ARBITRATION AGREEMENTS; GOVERNING LAW

I. Resolving Disputes.  If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting [email protected]. We will do our best to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or the Company may bring a formal proceeding.

II.  Judicial Forum for Disputes.You and the Company agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the federal or cantonal courts of Basel-Landschaft, Switzerland. This Agreement shall be governed by and construed in accordance with the laws of Basel-Landschaft and the laws of the Swiss Confederation applicable therein. Any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought in any federal or cantonal court located in the jurisdiction of the courts of the Canton of Basel-Landschaft and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province. Both you and the Company consent to venue and personal jurisdiction in such courts.

III. NO CLASS ACTIONS.  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

 

NO GUARANTEES AS TO RESULTS – RESULTS VARY

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed in your health goals. You nevertheless recognize that your ultimate success will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control, and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Since there is no guarantee of results, you accept the risk that your results may vary.

 

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. You are bound by any such revisions, therefoe the Company encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

Migraine Oasis and Karen Ash welcomes your questions or comments regarding the Policy:

By Mail:

Migraine Oasis
c/o Karen Ash
Postfach 48
4104 Oberwil
Switzerland

By Email: [email protected]