Terms and Conditions

Program and Event Standard Terms and ConditionsThis document contains the terms and conditions (“Terms and Conditions”) which govern and apply to the participation in any event, retreat, training, workshop, symposium, or one-on-one coaching conducted, delivered, or produced by Nlight Entertainment, including masterclass events and renewal programs “Navigating Grief with Grace” (collectively, the “Training”). You must agree to these Terms and Conditions before you will be allowed to participate in the Training or in any other event, retreat, training, workshop, symposium, or coaching conducted, delivered, or produced by the Company.
For the purposes of this document, the undersigned shall be referred to as “you” or in the possessive as “your”. Nlight Entertainment, and its affiliate entities shall be referred to collectively as the “Company”.
1. PAYMENT, REFUND, CANCELLATION:
Once you submit to the Company your request to participate in the Training, your seat at the Training is reserved exclusively for you. As a result, and due to limited seating at the Training, the Company may have to turn away others who desire to attend the Training, as well as the Company begins to incur costs based on your reservation, such as creating materials, printing materials, blocking out the time for trainers and consultants, paying to hold a block hotel rooms, and other costs. Therefore, all payments to the Company are non-refundable and are subject to the following policies which will be strictly enforced:
a.
Payment in Full Required: In order for you to attend any aspect or element of the Training, all tuition, fees, and any other costs of the Training you owe must be paid in full at least 30 calendar days before the initial commencement date of the Training. Subject to the following section on payment method rejection, if all tuition, fees, and costs owed by you are not paid in full before this deadline date, you will not be allowed admission or participation in any aspect or element of the Training, and any partial tuition, fees, costs, and deposits previously paid by you will be forfeited and fully earned by the Company.

b.
Payment Method Rejection: If any method of payment you provide (e.g., Visa, Mastercard, Debit, PayPal, Venmo, Bank Draft or Personal Check) is rejected or denied when the Company attempts to process payment, the Company automatically will attempt to process the same payment (plus the $25.00 fee referenced below) a second time using the same payment method. If payment processing is rejected or denied a second time for the same payment, you will have 7 calendar days from the date of the first payment rejection to provide the Company with a different, valid method of payment. If the Company is still unable to successfully process your payment within such seven- calendar-day period, your reservation in the Training may be cancelled by the Company and, if cancelled, you will not be allowed admission or participation in any aspect or element of the training, and any partial tuition, fees, costs, and deposits previously paid by you will be forfeited and fully earned by the Company. Cancellation of your reservation due to the rejection or denial of your payment method may occur at any time, including at any time before the 30-day period referenced

c.
Cancellation/Refund:
If you wish to cancel your order to participate in the Training and receive a refund of any tuition, fees, and costs paid by you, you must cancel your order within three (3) business days of the date you submitted your initial order for the Training by sending the Company written notice specifying your wish to cancel and such written notice must clearly identify (i) who you are and (ii) the name and commencement date of the Training program you wish to cancel. After three (3) business days from the date you submitted your initial order for the Training, you are not entitled to a refund if you attempt to cancel or if you fail to attend the Training for any reason. If Company receives a properly submitted cancellation notice, any refund, if one is due, will be processed by the Company within 60 calendar days of the date the proper cancellation notice was received by the Company. If any bonus items were bundled with your purchase of the Training (such as free attendance at another workshop), then the cost of any bonus items given to you which you used, consumed, or retained (plus shipping costs) shall be deducted from the refund. If your order is timely and properly cancelled, you must return any and all physical materials provided to you by the Company in connection with the Training before the Company will issue your refund. Your failure to return all physical materials within 60 calendar days of your date of cancellation will result in your refund being reduced by the price of the materials you retained (plus shipping costs).
d. Deferment:
You are permitted a one-time deferment so you may defer monies paid by you and postpone your attendance at the Training from its originally scheduled date(s) in order for you to attend the same or other Company events, retreats, training, workshops, symposiums, or coaching which will occur at a different future date. A deferment does not entitle you to a refund of any amounts paid. In order to be eligible for a deferment, the Company must receive written notice of your deferment request at least three calendar days prior to the scheduled initial date of the Training. Your deferment request need not specify, at the time submitted, what other event, retreat, training, workshop, symposium, or coaching you wish to attend in the future. If your properly submitted written deferment request is received by the Company more than 60 calendar days before the scheduled initial date of the Training, the deferment is subject to a deferment fee of twenty-five percent (25%) of the regular tuition and costs set by the Company for the Training. If your properly submitted written deferment request is received by the Company less than 61 calendar days, but at least three calendar days, before the scheduled initial date of the Training, the deferment is subject to a deferment fee of fifty percent (50%) of the regular tuition and costs set by the Company for the Training. For all properly submitted deferment requests, the deferment fee shall be paid by you, at your election, either separately or, if you previously paid any tuition for the Training, you may have the Company offset the deferment fee against any tuition and costs previously paid by you, and the balance of any tuition and costs after deducting the deferment fee shall be applied toward a future Company event, retreat, training, workshop, symposium, coaching, or product. The balance, if any, of the remaining tuition and costs you have paid after deducting the deferment fee must be used and applied by you within twelve (12) consecutive months commencing on and following the date you submitted to the Company your initial request to attend the original Training, and such balance may be applied only to offset the tuition, fees, and costs of a Company event, retreat, training, workshop, symposium, coaching, or product. You are not entitled to a refund. Any future event, retreat, training, workshop, symposium, or coaching you elect in lieu of the initial Training you deferred, and any balance of deferred funds applied by you, no longer is subject to another deferment or postponement. Failure to use the balance of any deferred funds, or failure to attend any subsequently scheduled event, retreat, training, workshop, symposium, or coaching, within 12 consecutive months commencing on and following the date you submitted to the Company your initial request to attend the original Training will result in your loss of being able to defer and attend any future Company event, retreat, training, workshop, symposium, or coaching and a loss of any tuition, fees, and costs paid by you.
e.
No Reimbursement of Other Costs: Whether you attend, do not attend, cancel, or defer the Training, or whether the Training is rescheduled or postponed under section 6 due to events outside the control of the Company, under no circumstances is Company liable or obligated to reimburse you for any costs, expenses, or fees you may have incurred with third parties in connection with your plans to attend the Training, including travel costs, rental cars, lost wages, or lost business opportunities.
2. ALL PROGRAMS ARE FOR EDUCATIONAL PURPOSES ONLY:
You understand you are participating in an educational program that is delivered in a group and/or generalized format. Not all of the materials and information provided, nor all the methods discussed, will be completely applicable to you, your particular business, or your personal situation. You acknowledge that Njeri Njuhigu and the Company are not, and cannot be, aware of all the particulars surrounding you, your business, your profession, or your personal situation. Therefore, you understand it is solely up to you to adapt, modify, and apply the materials and information you receive at, or in connection with, the Training to your own situation as you solely deem appropriate. You also understand that the materials and information you receive at, or in connection with, the Training will not be all, or the only, information that exists on the subjects discussed at the Training, but it is educational information intended to complement, amplify, and/or supplement your existing knowledge and perhaps result in you, at your sole decision, looking for additional information which you deem beneficial. You understand that certain educational aspects of the Training may assist you in your own introspective analysis of yourself and your character. In the process of this Training, you may reach your own new realizations about your own character and personality, and perhaps about others. However, you fully understand that such introspective analysis, conclusions, and realizations are conducted solely by you, and the Company is not providing or practicing any type of psychological or psychiatric therapy or counseling. The Company is not responsible or liable in any manner for any personal analyses, conclusions, or results you derive in connection with the Training or from any materials and information you receive in connection with the Training.
3. NO MEDICAL, PSYCHOLOGICAL, LEGAL, TAX, OR ACCOUNTING ADVICE. The Training and all materials, information, and concepts in connection with the Training are purely for general informational and educational purposes only and (a) are not any type of specific treatment, therapy, or diagnosis for any medical, physical, mental, psychological, or emotional aspects or issues you or others may or may not have, (b) are not any type of legal, tax, accounting, or financial advice, and (c) are not a substitute or replacement for professional medical, psychological, emotional, legal, tax, accounting, or financial advice, diagnosis, or treatment, all of which you need to separately obtain on your own from professionals of your own choosing regarding your own specific circumstances.4. NO IMPAIRMENT PREVENTING PARTICIPATION IN THE TRAINING: By signing up for and electing to participate in the Training, you represent and warrant that you understand and are aware of the type and nature of the Training and you have no physical or psychological impairment that will prevent you from participating in the Training, including travelling to the Training location and venue.
5. NO PROMISES YOU WILL ACHIEVE GREATER FINANCIAL OR PERSONAL SUCCESS:
The Company does not make any express or implied promises, warranties, or guarantees that your participation in the Training or following any materials or information you receive in connection with the Training will result in (a) you achieving any particular level of personal, financial, or professional success, goals, or improvements you might desire or (b) you recovering any of the tuition, deposits, fees, and other costs (such as travel or lodging) you incurred to participate in the Training.
6. CHANGES IN TRAINING CONTENT AND RESCHEDULING:
The Company may, in their sole discretion, change, delete, add to and/or substitute the educational content, materials, and/or delivery method of the Training at any time to something other than what is described in the Training marketing materials found on the Company website or as otherwise conveyed to you, and may substitute any coach, speaker, or consultant who was originally scheduled to attend the Training, without refunding any amounts paid by you. The Company also may reschedule all or any portion of the Training, as well as change the date, location/venue, and/or delivery method of the Training, due to speaker illness or any act or event beyond the reasonable control of the Company which makes it illegal, impossible, or reasonably impractical for the Company to provide the Training as originally scheduled (a.k.a.
force majeure, which includes, without limitation, an act of God, severe weather, earthquake, geologic eruption, other severe acts of nature, labor strikes, civil unrest, war, terrorism, explosions, fire, disease or medical epidemics, pandemics or outbreaks, emergency government regulations or mandates in connection therewith, criminal acts of vandals or hackers, military authority, and security concerns) without giving you any refund of amounts you paid, provided the Training is rescheduled to commence within twelve (12) months of the date the Training was last scheduled to commence.
7. REMOTE TRAINING:
At the Company’s sole election, some or all aspects of the Training might be conducted remotely, a.k.a. virtually, whereby you do not participate in person, but through video and/or audio access while you are in a location different from where the Training presenters and speakers are located. If you participate in remote Training, it is your responsibility to ensure that the location where you participate is private, isolated from other people, and free from distractions, including being away from family members, not being in any public area, and not engaged in other activities such as supervising family members or doing household chores. The effectiveness of the Training and the personal goals you expect to achieve through the Training will be greatly impaired if you participate remotely while distracted by other people or activities. All terms in this document apply equally to remote Training, including your obligations to keep all elements of the Training confidential and all prohibitions on making any audio and/or video recordings. You are prohibited from allowing any other person to be present with you and participate in or observe the remote Training, and you are strongly cautioned not to participate in the remote Training while operating any vehicle or machinery. Movement and noise in the background at your remote location also will be an inappropriate and disruptive distraction to the Training presenters and others who may be participating in the remote Training, and it will not be tolerated. Background movement, noise, distractions, and the presence of others at your remote location which the Company deems disruptive and interfering with the Training may result in your immediate termination from the Training without reimbursement to you of any monies paid and will void your ability to defer the Training as provided elsewhere in this document.
8. TWELVE MONTHS TO USE ALL TRAINING:
You must attend the Training you have submitted a request to attend, including any one-on-one coaching services and any deferred Training pursuant to section 1.c. above, and you must utilize all tuition, fees, and costs you have paid the Company, if any, in connection with the Training, within twelve (12) consecutive months commencing on and following the date you submitted to the Company your initial request to attend the original Training or you will lose the ability to attend any future deferred Company event, retreat, training, workshop, symposium, or coaching and you will forfeit any tuition, fees, and costs paid by you. This twelve-month forfeiture period does not apply to any Training that has been rescheduled or postponed by Company pursuant to section 6 above if such rescheduled or postponed Training will occur beyond the twelve-month forfeiture period.
9. YOU CONSENT TO THE COMPANY RECORDING THE TRAINING:
The Company has the right to record audio, video, and/or photograph all or any portion of the Training including group participation sessions, which includes the right to record, document, copy, or otherwise memorialize conference calls, zoom calls, social media posts, and other forms of communication, both oral and written, between Company representatives and anyone participating in the Training (collectively, “Recordings”). You understand that these Recordings may include audio, video, and/or photographs of you as well as oral, written, and/or electronic communications in which you participate. You irrevocably consent in perpetuity to the Recordings being made, to the Company’s unrestricted use of the Recordings, and to the Company’s use of your name, image, likeness, photograph, appearance, city and state of residence, professional designation or occupation, as well as your oral or written statements, testimonials, and content, whether written or electronic, and whether in whole or in part, in connection with the Recordings. You irrevocably and forever waive and relinquish any and all intellectual property rights, including copyrights, and any other right of any type or nature in the Recordings, including your right of privacy, and you irrevocably and forever authorize and consent to the Company’s use of the Recordings, in whole or in part, in all forms of media, whether now known or hereafter invented, throughout the universe, for any educational, promotional, and/or commercial use or application. The Company has no obligation to compensate you or provide you with credit in any manner for the use of any Recordings. The Company has no obligation to use your name, image, likeness, photograph, identity, or any statements made by you, whether such use is in connection with the Recordings or for any other purpose, nor is the Company obligated to show you any Recordings or obtain any further consent or approvals from you to use the Recordings. The Company has a policy that no participants in the Training are permitted to take their own photographs, videos, or audio recordings which include any other participants, whether during a Training session or during activities ancillary to the Training. Although the Company has this policy, you understand the Company has no legal obligation to prevent participants from violating this policy and the Company is not liable in any manner to you for photographs, videos, or audio recordings made by other participants in violation of this policy. As used in this document, the term Recordings includes any derivative works or materials based on or from the Recordings.
10. PARTICIPANTS PROHIBITED FROM MAKING OWN RECORDINGS: You are prohibited from making or taking any photographs, screen captures, video recordings, and/or audio recordings during any part of the Training (including any remote Training) which will record, capture, or otherwise retain the image and/or voice of any other participant, speaker, presenter, or moderator during the Training or during ancillary activities surrounding the Training without first obtaining the affirmative consent of each and every person recorded or captured. Failure to abide by this policy and prohibition will subject you to liability and to having your continued participation in the Training immediately terminated without any refund of any tuition, fees, or other costs you paid or incurred to attend the Training.
11. YOUR PARTICIPATION MAY BE TERMINATED:
The Company reserves the right to terminate your participation in the Training, including any remote Training, if the Company determines, in its sole discretion, that (a) you have breached any of your obligations under this agreement, (b) you have acted or are acting in a disorderly, disruptive, socially offensive, threatening, or dangerous manner or (c) you have, or exhibit the known symptoms of, any disease, contagion, or virus which the U.S. Centers for Disease Control and Prevention (“CDC”) has determined to be a health risk to humans and your in-person presence at the Training or other Company event risks exposing others to becoming infected. In such a case, the Company will notify you of your termination which will be effective immediately upon your receipt of notification, which may be orally or in writing, and all rights and permissions for you to participate in, and/or remain at, any portion of the Training is immediately revoked. If the Training is currently in progress when your termination occurs, you must immediately leave the auditorium or venue where the Training is taking place, and your failure to immediately leave will result in you being a trespasser present without permission. If you are participating in the Training remotely, the Company will immediately terminate your connection to the Training. Should a termination occur per this section, the Company has no obligation to refund to you any tuition, fees, costs, or other amounts you have paid Company in connection with the Training, and all such amounts will be deemed fully earned by the Company, nor does Company have any obligation to reimburse you for any costs and expenses you incurred with third parties to attend the Training, including transportation and lodging costs. Also, in the event of such a termination, you are obligated to return to Company all bonus items you may have received in connection with your purchase of the Training, and all permissions and rights for you to receive or use any of the bonus items in the future is immediately revoked. If you have used or consumed any of the bonus items prior to the date of termination, or if you refuse to return any unused bonus items within 30 calendar days of the termination date, you are obligated to pay Company the cost of all bonus items used, consumed, or retained, and the Company has the right to charge you the full cost of such bonus items. A termination pursuant to this section will immediately void any ability to defer the Training that was terminated.
12. NO LIABILITY FOR THIRD PARTY SERVICES OR EMERGENCY SERVICES: You understand that the Training and all of the Company’s events may involve independent third parties who provide transportation, event venues, sleeping accommodations, food, beverages, and other services or products (“Third-Party Providers”). The Company is not liable in any manner for any services or products provided by Third-Party Providers. The Company also is not liable or obligated in any manner to provide you or your personal belongings with security or protection when you attend the Training or any other Company event, including during your travel to or from the Training or other event. You are solely responsible for your own security and the security of your personal belongings during any time you travel to, from, or during attendance at the Training or any other Company event. If the Training or other Company event is held outside the United States, you are responsible to know and fully comply with all visa, passport, and travel restrictions and requirements imposed at the location of the Training or other event. The Company is under no obligation to provide you any emergency assistance or to assist you in traveling to the United States, to another country, or to a specific location within the United States in the event of an emergency, even if you provided the Company with contact information for family, friends, or other persons should you experience an emergency.
13. COPYRIGHTS AND TRADEMARKS:
The Company owns all intellectual property rights, including copyrights, in all the materials, handouts, information, course content, syllabi, data, presentations, graphics, slides, images, photographs, and videos used in connection with the Training, or if not owned by Company then Company has specifically licensed its use, and you do not have the right to copy, duplicate, disseminate, publicize, post in/on any form of social media, or use for any commercial purpose (including in connection with marketing your own business) any of the materials, handouts, information, course content, syllabi, data, presentations, graphics, slides, images, photographs, and videos, whether in whole or in part, which you receive, observe, or hear in connection with the Training. The Company also is the sole owner of the Company’s name, logos, trademarks, tradenames (including the name of any Training program), as well as has exclusive use and control over the name and likeness of Njeri Njuhigu, and you are not permitted to use any of the foregoing without the express prior written consent of the Company.
14. YOUR AGREEMENT OF CONFIDENTIALITY:
You understand that the Training, although conducted in a group environment, is private and not freely open to the public. You also understand that a part of the Training and workshop process involves people sharing information in a group setting while such information is considered private and confidential by the person sharing, including personal information, personal stories, data, business plans, concepts for new products and services (“Confidential Information”). You must keep the Confidential Information confidential at all times and you may not disclose any such Confidential Information to any third parties for any reason, including the public, news media, on social media, or to any party whether for pecuniary gain or not. This obligation of confidentiality applies equally to any Training you participate in remotely. Your obligation of confidentiality and non-disclosure excludes any information which: (a) is or becomes generally known to the public through no act of your own; (b) is obtained by you from a third party who is not also bound by this confidentiality obligation; or (c) is required to be disclosed by law, regulation, a valid court, or a government agency.
15. TRAINING RECEIVED AS A BONUS: If your participation in the Training is the result of a bonus or other accommodation you received from the Company and you are not required to pay the regular tuition set by the Company for participation in the Training, all terms of this document nonetheless continue to apply in full to the Training and any bonus or accommodation programs, training, materials, or services you received, including all restrictions on deferring the Training and the requirement to pay fees for deferring or postponing the Training.
16. THIS DOCUMENT DESCRIBES YOUR COMPLETE UNDERSTANDING:
This document, and any purchase orders with the Company authorized by you which specify tuition, pricing, and amounts owed, (whether signed physically or electronically authorized by you) constitute your entire agreement and complete understanding you have with the Company regarding the Training. You acknowledge that no representation or promise not expressly contained in this document regarding the Training has been made to you, and you are not relying on any representation, warranty, or agreement not contained in this document. The terms and conditions in this document may be amended only by a writing signed by both you and the Company, and no employee or representative of the Company may orally modify or amend any of these terms and conditions. You represent and warrant that you have the full right and authority, without the need for consent of any third party, to sign this document and grant all the rights herein granted. You understand that the Company’s website has a privacy policy and terms of use regarding the use of that website, and such privacy policy and terms of use are separate and distinct from the terms and conditions in this document regarding the Training.
17. INDEMNITY. You agree to defend, indemnify and hold harmless Njeri Njuhigu, the Company, and all the Company’s directors, officers, employees, shareholders, agents, and attorneys from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing this indemnity, arising out or in any manner in connection with your conduct and actions, whether such conduct and actions were intentional, negligent, or otherwise.
18. WAIVER OF INFECTIOUS DISEASE RISKS: You are aware that your physical presence at any in-person Training or other Company event will risk exposing you to serious injury, illness, or death caused by COVID-19, a mutated virus therefrom, or any other contagious or infectious disease or virus. You understand the Company cannot protect or prevent you from being exposed to or contracting COVID-19 or any other contagious or infectious disease or virus while attending any in-person Training or other Company event, and it is not possible to totally protect or prevent anyone against the presence and transmission of any disease. During your in- person attendance at the Training or other Company event, you are solely responsible at all times for your own personal protection from contagia, and you will conduct yourself at all times in a manner to help prevent the spreading and/or contracting of COVID-19 or other contagious or infectious disease or virus, which may include without limit, wearing a face mask, maintaining social distancing from others, and following other precautions and protocols established by the CDC and/or the Company for the prevention of spreading contagious or infectious diseases. You agree not to attend in person any Training or other Company event if, on the day(s) of such Training or Company event, you have any symptoms of COVID-19, including fever, fatigue, difficulty in breathing, persistent dry cough, sore throat, muscle aches and pains, diarrhea, loss of smell and/or taste, and chills, or if you have tested positive for COVID-19 or any other contagious or infectious disease within 10 calendar days prior to any day you plan to, or do, attend in person the Training or other Company event. With full knowledge and acceptance of the risks associated with contracting an infectious disease or virus, you, on behalf of yourself as well as your spouse, domestic partner, your estate, and your heirs, hereby release, waive, discharge, and hold harmless the Company, and all its board, officers, employees, independent contractors, representatives, successors, and assigns from any all liabilities, claims, demands, and causes of action whatsoever arising, directly or indirectly, out of or relating to any injury, loss, damage, or death that may be sustained by you related to catching or contracting COVID-19, a mutated virus therefrom, or any other contagious or infectious disease or virus while attending in person the Training or other Company event.

19. VENUE, CHOICE OF LAW, ARBITRATION, DAMAGES:
This document shall be governed and construed in accordance with the internal laws of the State of California without the application of any conflict of law principles. The sole and exclusive jurisdiction and venue applicable to any disputes arising between you and the Company shall be Los Angeles County, California, United States. You voluntarily agree to the foregoing venue, jurisdiction, and choice of law, and you waive the right to any other choice of law, venue or jurisdiction, regardless of your country of citizenship, regardless of your country of residence, and regardless of the location where this document was executed by you. If you institute, commence, maintain, or otherwise bring any action against Company outside Los Angeles, California, United States, you will be responsible for all legal fees and expenses incurred by Company to remove such action to the appropriate jurisdiction and venue of Los Angeles County, California, United States. Other than as provided in the immediately prior sentence, the prevailing party in an action between you and the Company shall be entitled to recover its reasonable attorneys’ and experts’ fees, costs and expenses, in addition to any other award. Any disputes arising between you and the Company shall be resolved by binding arbitration in Los Angeles, California, and the parties waive any entitlement to have such disputes decided by a court or a jury. If you prevail in any action against the Company, the extent of monetary damages for which the Company can be obligated to pay is limited to the total amount of tuition, fees, and costs which you have actually paid to the Company (excluding any amounts paid to the Company but subsequently reversed via a chargeback process and excluding any costs and expenses you may have paid to third parties in connection with attending the Training). All references in this section to “Company” shall include Njeri Njuhigu and all board members, officers, and employees of Company. All references to “actions” shall include mediation, arbitration, formal court proceedings, any administrative or tribunal hearings, and any other type of proceeding to enforce a party’s rights.

20. NOTICES:
To be considered a valid and proper notice, any notice required in this document (including without limit notices under sections 1.b. and 1.c.), and any other notice you wish to deliver to the Company, must be delivered to the Company only by way of either (a) a written email sent to [email protected] or (b) a physical writing sent to the Company clearly addressed to the attention of Customer Support at the address shown at the bottom of this page, with all postage and delivery costs prepaid, and with proof of mailing. Attempts to deliver notice in any other manner, including using a text message, any form of social media, using any email address other than the address previously identified in this section, or attempts to give notice orally either in person or over the telephone, are not valid.
21. MISCELLANEOUS:
The Company has the right to assign any or all of its rights hereunder to any person, firm, or entity. You do not have the right to assign or transfer your seat or participation in the Training without the Company’s prior written approval which may be granted or denied at the Company’s sole discretion. Headings used in this document are for convenience only and in no way define, limit, or describe the scope or intent of any clause, section, or provision. This Agreement may be executed in person, electronically online, or by facsimile, and any of these methods shall be binding and serve as an original copy. In the event any language or provision in this document shall be (a) held by any court, arbitration, or tribunal to be unenforceable, or (b) in conflict with any applicable statute, law, regulation, then such provision shall be of no force or effect; provided, however, in such event the particular language or provision so affected shall be curtailed and limited only to the minimum extent necessary to permit compliance and enforceability, and all other language and provisions shall continue in full force and effect. The word “including” when followed by certain specified items is not intended as an all-inclusive list but is merely showing some items included within the prior more general statement.


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