FREE BIRTH SOCIETY'S DIGITAL CONTENT TERMS OF PURCHASE

You are buying non-transferable, single-user access to G.R.I.F.T. (the Generating Radical Intelligence for Feminine Thriving: Eradicate Fear, Re-wire Your Subconscious, Learn to Succeed & Become Un-cancellable) (referred to below as the “Product" or "Content”) from Free Birth Society LLC, a North Carolina Limited Liability Company (referred to below as “FBS”).  

You must be at least 18 years of age to purchase and access the Content.

The Product includes digital educational content, materials, and other information provided by FBS (collectively, the “Content”). 

By purchasing access to the Content, you and FBS hereby agree to these Terms and Conditions of Purchase and FBS’s Terms of Use and Privacy Policy (collectively, this “Agreement”) which specify the legal terms and conditions that govern your use of the Content and thereby form a legal agreement between you and FBS. FBS reserves the right to modify this Agreement at any time by posting updated terms to its website. Your continued use of the Program after such modifications constitutes acceptance of the updated terms. FBS's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.  

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. 

Sharing access credentials, redistributing Content, or allowing unauthorized users to access the Content is strictly prohibited and will result in immediate termination without refund.

WAIVER AND RELEASE OF LIABILITY 

In consideration of your use and implementation of the educational content provided in the Product, and as consideration for the right to access and view the Content, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby knowingly, voluntarily, and irrevocably waive any and all rights, claims or causes of action of any kind whatsoever arising out of my voluntary participation in the Program, whether known or unknown, and whether arising now or in the future, and do hereby release and forever discharge Free Birth Society, located at 66 Church St #203 Hayesville, NC 28904, their affiliates, managers, members, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns (the “Agents”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my voluntary participation in the aforementioned Program, including traveling to and from an event related to this Program. 

I am voluntarily accessing and using the Content entirely at my own risk. I am aware of the inherent risks associated with participating in this Program, which may include, but are not limited to, physical or psychological injury, pain, suffering, emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence or the negligence of Free Birth Society Agents, nonetheless I assume all related risks, both known and unknown, of my participation in this Program. I agree to indemnify, defend, and hold harmless Free Birth Society and its Agents against any and all claims, suits, actions, demands, damages, liabilities, costs, expenses (including reasonable attorney's fees and legal costs), judgments, settlements or losses of any kind whatsoever, whether known or unknown, fixed or contingent, brought by me, anyone acting on my behalf, or any third party arising from or relating to my use of the Program or participation in any Program activities. If Free Birth Society incurs any of these types of expenses, I agree to reimburse Free Birth Society.  

I acknowledge that Free Birth Society and its Agents are not responsible for errors, omissions, acts or failures to act related to the delivery, access, or implementation of the Content. 

I acknowledge that the implementation of any information or techniques learned from the Content is done at my own risk. I am solely responsible for how I choose to use or implement the information provided in the Content. 

I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I know, understand, and appreciate the risks associated with implementing any information from the Content and I am voluntarily choosing to access and use the Content. In doing so, I am assuming all the inherent risks of using the Content and I expressly agree to release and discharge Free Birth Society and its Agents from any and all claims, lawsuits, or causes of action. I agree to voluntarily give up or waive any right that I otherwise have to bring any legal action against Free Birth Society. 

This Agreement was entered into at arm's-length, without duress or coercion. Both the Participant and Free Birth Society agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remaining terms of this Agreement will remain valid and enforceable. 

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist exclusively in North Carolina and that the State of North Carolina shall have exclusive subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina. 

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract. 

REFUND POLICY 

All sales are final. No refunds will be provided for any reason, including but not limited to dissatisfaction with the Content, inability to access or view the Content, changes in personal circumstances, or any other circumstances whether within or outside of the purchaser's control. By purchasing this Program, you expressly acknowledge and agree that you will not initiate any chargebacks, disputes, or payment reversals through your credit card, debit card, PayPal, or any other payment platforms or third-party processors for the fees of this Program. Any attempt to do so may result in immediate termination of your access to the Program and potential legal action to recover any associated costs.

COUPONS AND DISCOUNT CODES 

FBS may, in its sole discretion, offer coupons and/or discount codes, which may be revoked or modified at any time. FBS will not retroactively apply these coupons or codes, nor will FBS adjust the price of a product after payment has already been made. FBS maintains a strict no price adjustment policy. Any attempt to use expired, invalid, or unauthorized discount codes may result in cancellation of the order.  

DISCLAIMERS AND LIMITATIONS. 

1. NOT MEDICAL, LEGAL, OR MIDWIFERY TRAINING. THE DIGITAL CONTENT PROVIDED BY FREE BIRTH SOCIETY LLC ("PROVIDER") DOES NOT CONSTITUTE OFFICIAL MIDWIFE CERTIFICATION, MEDICAL TRAINING, LEGAL ADVICE, OR PROFESSIONAL MIDWIFERY EDUCATION. THE PROGRAM IS NOT ACCREDITED BY ANY MIDWIFERY ORGANIZATION OR EDUCATIONAL INSTITUTION. THE CONTENT IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL MEDICAL, LEGAL, OR HEALTHCARE ADVICE. PROVIDER IS NOT A LICENSED HEALTHCARE PROVIDER, LEGAL ADVISOR, MEDICAL INSTITUTION, OR ACCREDITED EDUCATIONAL INSTITUTION. YOU ARE STRONGLY ENCOURAGED TO SEEK APPROPRIATE PROFESSIONAL MEDICAL, LEGAL, AND OTHER PROFESSIONAL GUIDANCE FOR YOUR SPECIFIC SITUATION. COMPLETION OF ANY PROGRAM OFFERED BY PROVIDER DOES NOT QUALIFY YOU TO PRACTICE AS A MIDWIFE OR HEALTHCARE PROVIDER. 
2. NO GUARANTEES OF OUTCOMES. ANY TESTIMONIALS, STATEMENTS, OR EXAMPLES OF PAST RESULTS OR OUTCOMES SHARED IN THE PROGRAM OR SERVICES ARE FOR ILLUSTRATIVE PURPOSES ONLY AND REPRESENT INDIVIDUAL EXPERIENCES. PAST RESULTS DO NOT GUARANTEE, PREDICT, OR INDICATE FUTURE RESULTS. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY AND DEPEND ON NUMEROUS FACTORS OUTSIDE OF PROVIDER'S CONTROL. PROVIDER DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE PROGRAM OR SERVICES. PROVIDER ASSUMES NO RESPONSIBILITY FOR ANY ADVERSE OUTCOMES RESULTING FROM YOUR APPLICATION OF INFORMATION PROVIDED IN THE PROGRAM OR SERVICES.
3. ASSUMPTION OF RISK. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT RISKS ASSOCIATED WITH PREGNANCY, CHILDBIRTH, AND RELATED ACTIVITIES. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE CONTENT AND SERVICES. 
4. INDEPENDENT JUDGMENT AND MEDICAL CARE REQUIRED. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS AND ACTIONS RELATED TO PREGNANCY, CHILDBIRTH, AND HEALTHCARE. YOU AGREE TO EXERCISE YOUR INDEPENDENT JUDGMENT AND SEEK QUALIFIED MEDICAL CARE AS NEEDED. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. ANY DELAY IN SEEKING MEDICAL TREATMENT SHALL BE AT YOUR OWN RISK, AND PROVIDER SHALL NOT BE LIABLE FOR ANY CONSEQUENCES RESULTING FROM ANY DELAY IN SEEKING MEDICAL CARE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
5. NO PROFESSIONAL RELATIONSHIP OR LEGAL ADVICE. USE OF THE SERVICES DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP, MEDICAL PROVIDER RELATIONSHIP, ATTORNEY-CLIENT RELATIONSHIP, OR ANY FIDUCIARY DUTY BETWEEN YOU AND PROVIDER. THE SERVICES DO NOT PROVIDE ANY LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL INFORMATION OR ADVICE TO BE APPLIED TO ANY SPECIFIC SITUATION. YOU ACKNOWLEDGE THAT LAWS REGARDING BIRTH, MIDWIFERY, AND HEALTHCARE VARY BY JURISDICTION, AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS IN YOUR JURISDICTION. YOU MUST CONSULT WITH YOUR OWN LAWYER, HEALTHCARE PROVIDER, AND OTHER RELEVANT PROFESSIONALS FOR ADVICE SPECIFIC TO YOUR SITUATION. THE ABOVE DISCLAIMERS ARE FUNDAMENTAL TO THE BASIS OF OUR AGREEMENT. THESE TERMS CANNOT BE SUPERSEDED OR MODIFIED BY ANY ORAL OR WRITTEN STATEMENTS MADE BY PROVIDER OR ITS REPRESENTATIVES.
6. TECHNOLOGY DISCLAIMER: FBS MAKES EVERY EFFORT TO ENSURE THE DIGITAL CONTENT IS ACCESSIBLE AND FUNCTIONING SMOOTHLY. HOWEVER, FBS DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE CONTENT AND IS NOT RESPONSIBLE FOR ANY TECHNICAL ISSUES THAT MAY ARISE, INCLUDING BUT NOT LIMITED TO INTERNET CONNECTIVITY PROBLEMS, SOFTWARE MALFUNCTIONS, OR OTHER TECHNICAL FAILURES BEYOND FBS'S CONTROL THAT MAY AFFECT THE DELIVERY OR ACCESS TO THE PROGRAM.
7. CONTENT SENSITIVITY DISCLAIMER: PLEASE BE AWARE THAT THE EDUCATIONAL CONTENT MAY CONTAIN INFORMATION AND TOPICS THAT COULD BE EMOTIONALLY CHALLENGING OR TRIGGERING FOR SOME INDIVIDUALS. USERS ARE ENCOURAGED TO SEEK PROFESSIONAL SUPPORT IF THEY EXPERIENCE DISTRESS OR DISCOMFORT WHILE REVIEWING THE MATERIALS.
8. NO GUARANTEE OF TRANSFORMATION DISCLAIMER: WHILE TESTIMONIALS AND DESCRIPTIONS OF THE PROGRAM MAY HIGHLIGHT POTENTIAL BENEFITS, INDIVIDUAL RESULTS MAY VARY. WE DO NOT GUARANTEE PERSONAL TRANSFORMATION OR SPECIFIC OUTCOMES AS A RESULT OF PARTICIPATING IN THE PROGRAM.
9. CONFIDENTIALITY DISCLAIMER: THE PROGRAM MAY CONTAIN SENSITIVE INFORMATION. WHILE WE STRIVE TO MAINTAIN THE SECURITY OF OUR DIGITAL CONTENT, PLEASE UNDERSTAND THAT ABSOLUTE PRIVACY CANNOT BE GUARANTEED IN ANY ONLINE ENVIRONMENT. USERS ARE ENCOURAGED TO EXERCISE DISCRETION WHEN ACCESSING AND STORING PROGRAM MATERIALS.
10. CONTENT ACCESS DISCLAIMER: CERTAIN CONTENT MAY REQUIRE BASIC TECHNICAL REQUIREMENTS SUCH AS ADEQUATE INTERNET CONNECTION AND COMPATIBLE DEVICES. PLEASE ENSURE YOU MEET THESE REQUIREMENTS TO ACCESS THE CONTENT EFFECTIVELY.
11. SINGLE USER LICENSE DISCLAIMER: THE CONTENT IS LICENSED FOR SINGLE USER ACCESS ONLY. SHARING ACCESS OR VIEWING CONTENT WITH OTHERS IS PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS.

INTELLECTUAL PROPERTY 

You acknowledge and agree that the Digital Content and all materials therein constitute valuable proprietary information owned exclusively by FBS and/or their licensors, protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and FBS will prosecute such misconduct to the fullest extent permitted by law. You agree that any breach of these intellectual property provisions will cause irreparable harm to FBS, and FBS shall be entitled to immediate injunctive relief in addition to all other remedies available at law or in equity, without the requirement to post bond or prove actual damages. 

FBS provides you with the Digital Content solely for your personal, non-commercial use, and you agree to use it only in compliance with this Agreement. You will not use the Program or the Content available in the Product in a manner that constitutes an infringement of FBS's rights or that has not been authorized in writing by FBS. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices. 

TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference FBS, Emilee Saldaya, Digital Content Content, or infringe on any of FBS's intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by FBS and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF FBS’S Program, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS 

STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF FBS AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT. 

Trademarks, service marks, graphics, and logos used in connection with the Program are common law trademarks or registered trademarks of the FBS. You are granted no right or license with respect to any of the aforesaid trademarks. 

The Product includes access for 1 person only and is non-transferable. You will receive one set of login credentials for accessing the Content. Sharing of login credentials or enabling unauthorized access is strictly prohibited and will result in immediate termination of access without refund and potential legal action. 

If you would like to access the Program with a business partner or collaborator, you will need to ensure that each individual purchases access individually.  

PRIVACY AND CONFIDENTIALITY 

The Digital Content is subject to FBS's Privacy Policy. FBS does not knowingly sell digital products to or collect personal information from children under the age of 18 and does not wish to do so. FBS reserves the right to request proof of age to verify that purchasers are 18 or older. 

By purchasing access to the Digital Content, you agree: 

• not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of FBS or the Program Participants; 
• that all Content provided is confidential and proprietary and belongs solely and exclusively to FBS 
• that all Content provided to you by FBS is the FBS’s confidential and proprietary information and intellectual property, belong solely and exclusively to FBS, and may be used by you only as authorized by FBS; 
• the reproduction, distribution and sale of the Content by anyone other than FBS is strictly prohibited; and that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations. 

While you are free to discuss your personal experience with the Educational Content, you may not share, reproduce, or distribute any of the content to others without express written permission from FBS.results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.  

NON-DISPARAGEMENT

Non-disparagement and communications: you agree not to make any false or disparaging statements about FBS, its Educational Content, or its representatives, whether online or offline. This includes but is not limited to social media posts, reviews, or communications with third parties. FBS reserves the right to seek all available legal remedies for violations of this provision.

THIRD-PARTY MATERIALS AND WEBSITES 

FBS may provide links to third-party materials and websites. These third-party materials and websites are not part of the Educational Content and they may be either withdrawn or terminated at any time without any liability on the part of FBS. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that FBS is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and FBS does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that FBS will not be liable for your improper use of third-party materials and websites. 

ADDITIONAL DISCLAIMERS 

THE DIGITAL CONTENT, THE SITE, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. 

When addressing financial matters in any of our websites, videos, newsletters, programs or other 

Content, we’ve taken all reasonable efforts to ensure that we accurately represent our digital products. FBS makes no representations or guarantees whatsoever regarding any results, outcomes, or benefits you may or may not experience from using any of our ideas, tools, strategies or recommendations. Past participant results do not guarantee or predict future results, and individual outcomes may vary significantly based on numerous factors. Any testimonials or examples shown through our marketing, programs, or Content are only examples and should not be relied on as guarantees of similar results. Nothing in the Program, Content, or Site shall be construed as a promise, guarantee, or warranty of any kind. 

 YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Educational Content IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your results of any kind. You acknowledge and agree that you alone are solely and exclusively responsible for your actions, decisions, and results in life and business, which are dependent on numerous personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, financial situation, and individual circumstances. You also understand that any testimonials, success stories, or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings: (1) have not been scientifically evaluated by us, (2) reflect only that customer's personal experience, (3) are not typical or guaranteed results, and (4) the results experienced by individuals may vary significantly based on numerous factors including but not limited to individual circumstances, effort, and local regulations. Any specific birth or pregnancy outcomes mentioned in testimonials should not be interpreted as medical advice or predictions of your personal experience. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, healthcare, midwifery, doula, or financial advice. 

ADDITIONAL TERMS AND CONDITIONS 

1. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, United States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Wake County, North Carolina.
2. LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR  COMMON LAW TORT CLAIMS: (I) FBS, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT,  CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE Educational Content; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Educational Content. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.  AS SET FORTH IN OUR PRIVACY POLICY, FBS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE Program, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK. 
3. NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, including but not limited to social media posts, online reviews, blog posts, videos, or any other form of communication, that are false, misleading, or designed to disparage FBS, Educational Products, or Emilee Saldaya including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.    
4. BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Access to the Educational Content is non-transferable and for your personal use only.program. 
5. TERMINATION. FBS is committed to providing all customers with a positive experience with our Educational Content, but makes no guarantees about specific outcomes or results. If you fail, or FBS suspects that you have failed, to comply with any of the provisions of this Agreement, FBS, in its sole and absolute discretion and without prior notice to you, may: (a) limit, suspend, or terminate your participation in the Educational Products without refund or forgiveness of monthly payments, with all outstanding payments remaining due; and/or (b) terminate this Agreement for any or no reason.   Your obligations to FBS under this Agreement, including but not limited to payment obligations, confidentiality obligations, non-disparagement obligations, and indemnification obligations, will survive expiration or termination of this Agreement for any reason indefinitely. 
6. CHANGES. FBS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access to and use of the Digital Content. Such modifications and additional terms and conditions shall be effective immediately upon posting and automatically incorporated into this Agreement without need for additional notice. Your continued access to the Digital Content and/or failure to terminate within 24 hours of such changes will constitute irrevocable acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at [email protected]. 
7. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless FBS, its owners, Emilee Saldaya, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors, and their respective representatives 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 such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Educational Content, and/or any false or disparaging statements made by you about FBS, Emilee Saldaya, or the Educational Content; and/or reliance on Program content without seeking appropriate Professional guidance. You shall defend FBS in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of FBS’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of FBS. 
8. BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Educational Content (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Unless otherwise required by law, you will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Wake County, North Carolina, United States. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent FBS from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests. 
9. CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
10. MEDIATION. Prior to initiating arbitration, the parties shall first attempt in good faith to resolve any dispute through online mediation through an agreed-upon virtual mediation service provider in accordance with their standard rules for digital commerce disputes, with all costs of mediation to be borne equally by the parties. Such mediation shall be conducted virtually and shall not exceed four (4) hours unless mutually agreed by the parties. 
11. EQUITABLE RELIEF AND ENFORCEMENT OF DISCLAIMERS. You acknowledge and agree that in the event of (i) a breach or threatened violation of FBS’s intellectual property rights, digital content access restrictions, or confidential and proprietary information by you, or (ii) any violation of the disclaimers and restrictions regarding the non-professional nature of the Educational Content and that it is for informational purposes only, FBS will suffer immediate and irreparable harm and will therefore be entitled to immediate injunctive relief without the necessity of posting bond or proving actual damages to enforce this Agreement. FBS may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the exclusive personal and subject matter jurisdiction of the federal and state courts in the State of North Carolina for purposes of any such action by FBS. 
12. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, representations, warranties, or conditions, express or implied, written or oral, between the parties. No oral statements, promises, or representations have been relied upon by either party in entering into this Agreement. 
13. COMPLIANCE WITH LAW AND REMEDIES. The parties shall comply with all applicable laws in performing this Agreement. FBS's rights and remedies under this Agreement are cumulative and include, without limitation, the right to restrict or terminate access to digital content, and are not exclusive of any other rights or remedies available at law or in equity. No failure or delay by FBS in exercising any right shall operate as a waiver, and no waiver shall be valid unless in writing signed by FBS. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.   
14. NO WAIVER AND PRESERVATION OF RIGHTS. No failure or delay by FBS in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege hereunder. FBS's rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies provided by law or equity. Any waiver must be in writing and signed by FBS to be effective. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision, nor shall it constitute a continuing waiver unless expressly made so in writing by FBS.