TERMS OF PARTICIPATION

 

Last Updated: September 1, 2016

PLEASE READ THESE TERMS OF PARTICIPATION CAREFULLY

New Three Inc., a.k.a. New Three University ("NTU") conducts various Events. Your Order of, participation in, or attendance at an Event is subject to the terms, conditions, and disclaimers set forth below; to our Privacy Policy, Terms of Use & Conditions, and Terms of Sale (collectively the "NTU Policies") which are incorporated in their entirety into this agreement by this reference and to all applicable laws and regulations. This agreement is referred to herein as "Terms of Participation" or this "Agreement".

Terms that are not otherwise defined in this Agreement shall have the use and meaning as defined in the NTU Policies.

NTU reserves the right to modify or amend the terms of this Agreement from time to time without notice. If we intend to apply the modifications or amendments to this Agreement retroactively, NTU will provide you with notice of the modifications or amendments and seek your consent for such modification or amendment.

  • Definitions
  • General Event Rules
  • Cancellation Policy
  • Consent to Use Image and Recordings
  • Practitioner Agreement
  • Limitations of Liability and Indemnification
  • Severability

Definitions

Events or Event is any lecture, book signing, workshop, training program or event, conference, or activity, led, organized, moderated or hosted by NTU or its representatives held, exhibited or distributed in any medium now known or hereafter devised, including but not limited to live, radio, television, prerecorded audio or video, online, or mobile.

Destination Event is an Event such as a group conference or workshop that is held at a physical location which would require Participants to travel in most cases to attend that event. Notwithstanding any provision herein to the contrary, a Destination Event does not include any event that is online, offered free of charge to all Participants, or the individual Participant received a complementary invite (free) to attend or participate.

Force Majeure is when NTU is materially hampered from holding an Event by reason of any law, natural disaster, labor controversy, war or any event beyond NTU’s reasonable control.

Orders is the order and purchase of NTU products or services including but not limited to Events.

Participant is any individual who Orders, attends or registers for an Event.

Private Session is an Event that is a one-on-one private experience with a Participant and a NTU employee, agent or representative.

Practitioner is a person who has completed requirements set by NTU to be authorized to utilize the Technique, provide services utilizing the Technique, has executed the Practitioner Agreement and complies with all ongoing requirements of NTU related to the specific Classification as modified and from time to time. NTU offers various Practitioner Events, classifications and levels of certification.

Practitioner Event is an Event designated as such by NTU and open only to Participants who are approved by NTU and have executed the Practitioner Agreement. Attendance or participation in a Practitioner Event or Events does not guarantee that you will receive a Practitioner designation or particular level of certification.

Purchase Price is the purchase price of an Event paid to NTU by the Participant.

Technique is the personal, professional and spiritual development approaches taught by NTU or its agents or representatives, including, but not limited to, approaches taught in the training programs.

General Event Rules

Acceptance of an Order, or an individual’s attendance or participation in an Event, is subject to NTU’s approval. If you do not receive a confirmation email of NTU’s approval of you as a Participant within seven (7) business days after placing your Order, please send an email to NTU to determine your status as a Participant. Please do not make travel arrangements until you have received your confirmation.

Participants must be 18 years of age or older to attend an Event.

The Participant acknowledges and agrees that NTU, at any time and in its sole discretion, has the right to remove or preclude the Participant from attending or participating in any Event without any refund, compensation, damages or liability owed to the Participant.

Participants agree to conduct themselves in a way that is professional, respectful and not detrimental in any way to NTU, other Participants or the public ("Code of Conduct").

NTU reserves the right, without refund, to revoke Participant’s access to an Event of Participants whose conduct violates the Code of Conduct.

Events may not be used as a prize in any form of promotion, contest, game, or sweepstakes without the prior written approval of NTU.

Attendance at an Event is not transferable by a Participant to anyone for any reason without the prior written approval of NTU. Violation of this provision will result in revocation of Participant’s ability to attend or participate in the Event without any refund.

Participant understands that participating in the Events is voluntary and may involve certain risks of physical injury, damage to property, and other damages or losses that may be sustained by a Participant. Each Participant assumes all risk of damages, property loss, and personal injury which may occur by participating in the Events.

NTU reserves the right to make changes to Event instructors or presenters at any time without notice or liability to Participants.

Unless otherwise noted in the Event description, all Events are presented in English and NTU recommends that Participants are proficient in the English language.

Cancellation Policy

The Purchase Price is not refundable for any reason, including, but not limited to, failure of Participant to attend an Event due to illness, or cancellation of an Event as result of Force Majeure.

The failure by NTU to hold an Event as result of and during such Force Majeure shall not be deemed a breach of or default under this Agreement and NTU shall not be liable to the Participant for the Purchase Price or any direct or indirect damages, expenses or losses whatsoever.

If Participant is enrolled in a payment plan for the Purchase Price, such payments shall continue to be made and automatically withdrawn pursuant to the terms of the payment plan until the Purchase Price is paid in full.

Unused purchases for Events have no monetary value and cannot be credited to future years or events.

NTU will not issue refunds for Event access that have been revoked.

Notwithstanding any provision herein to the contrary, if a Participant experiences an emergency such that the Participant is unable to attend an Event or Private Session, NTU may in its sole discretion offer a Participant a credit for future Events, issue a full or partial refund or allow Participant to reschedule the Private Session.

Participant must notify NTU at least forty-eight (48) hours prior to a scheduled Private Session via email at support(at)newthreeuniversity(dot)com and phone at 310-929-5919 if Participant is unable to attend the scheduled Private Session. If the proper notice is given, Participant will be allowed to reschedule the Private Session one time without penalty. In the event that Participant does not provide the required notice to reschedule the Private Session, the Purchase Price for the Private Session shall be forfeited. Private Session cannot be scheduled more than three weeks apart, or Private Session shall be forfeited.

NTU reserves the right to cancel or postpone any Event in its sole discretion. If NTU postpones an Event, reasonable efforts will be used to reschedule the postponed Event within twelve (12) months from the original Event date.

In the case of the postponement of an Event, NTU has the right to either issue the Participant a refund or transfer registration to the same Event at the new, future date.

If NTU elects not to reschedule the cancelled Event, the Participant will receive a refund in the amount equal to the Purchase Price paid by the Participant. No refund or credit will be given to Participants that received a complimentary registration for an Event or for Events that are free of charge.

All Refunds will be issued in the same manner in which NTU received the original payment of the Purchase Price. Should the original payment have been via check, Participant will be contacted to confirm Participant’s current mailing address, and a check will be mailed to the Participant. Refunds will be process within sixty (60) days.

If NTU postpones or cancels a Destination Event other than as a result of Force Majeure, NTU will provide Participants email notice of such postponement or cancellation at least seven days prior to the Event date.

NTU is not responsible for airline tickets, hotels costs, other tickets, or any similar fee penalties, or related or unrelated losses, costs and/or expenses incurred by the Participant as a result of the postponement or cancellation of an Event.

Consent to Use Image or Likeness

Photographs and/or audio/video recordings taken at the Events by NTU, or others on behalf of NTU, may include a Participants image, name, voice and/or likeness. By attending and/or participating in an Event, each Participant hereby grants NTU and its agents and assigns, the perpetual right to use, display, duplicate, and distribute, in whole or part, the Participant’s photograph, image, likeness, voice and statements for any purpose, including but not limited to promotional, informational or commercial purposes, without compensation or credit to the Participant, in any and all media now known or hereafter devised.

Practitioner Agreement

To attend or participate in any Practitioner Event, a Participant must receive approval from NTU and execute and deliver to NTU the Practitioner Agreement. NTU reserves the right, in its sole discretion, to reject a Participant’s request to attend or participate in a Practitioner Event.

Limitations of Liability and Indemnification

By way of clarification, the provisions of this section are in addition to the provisions set forth in the NTU Policies.

IN NO EVENT SHALL NTU BE LIABLE TO ANY PARTICIPANTS, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF ANY PARTICIPANT’S ATTENDANCE OR PARTICIPATION IN THE EVENTS, EVEN IF NTU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PARTICIPANT’S PARTICIPATION IN THE EVENTS, AND ALL SERVICES AND PRODUCTS PROVIDED IN CONNECTION WITH THE EVENTS, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, ARE MADE WITH RESPECT TO THE SAME, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SAFETY, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, USE OR DEALING. NTU EXPRESSLY DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN.

Each Participant agrees to indemnify, defend, and hold NTU and its officers, employees, volunteers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, but not limited to, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant's attendance or participation in any Event, or any Participant’s violation of this Agreement.

Severability

If any provision or portion of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

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