Terms and Conditions
The following Terms and Conditions, together with any documents they expressly incorporate herein by reference or agreements that expressly incorporate these terms by reference (collectively, these or the “Terms and Conditions” or “Terms”) form a legal agreement between you and SOWERS EDUCATION GROUP, LLC (“Company,” “we,” or “us”), the owner and developer of https://endingthegame.com (the “Website”), and governs your access to and use of the Website as well as any resources, materials, data, information, content, programs, courses, products and services (“Content & Offerings”) offered by Company or offered on or through the Website, whether as a guest, client or registered user.
Please carefully read these Terms before you access the Website or any Content & Offerings. By accessing or using the Website or its Contents & Offerings, or by clicking or checking to agree to these Terms, you understand and agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS INCLUDING ANY AGREEMENTS INCORPORATED BY REFERENCE, YOU MUST NOT USE OR ACCESS THE WEBSITE OR ITS CONTENT & OFFERINGS. Your use shall constitute and be deemed your unconditional acceptance of these Terms and Conditions.
1. Modifications to the Terms and Conditions
These Terms and Conditions may be modified at any time by Company without prior notice upon posting of the modified Terms and Conditions. Accordingly, you should visit the Website and review the Terms and Conditions periodically to determine if any changes have been made. Your continued use of this Website or Company’s Content & Offerings after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions. You can view the most recent version of these terms at any time at https://endingthegame.com/terms-and-conditions.
2. Policies, Procedures and Manuals
Your access and use of the Website or Company’s Content & Offerings is also governed by our Company policies, procedures, guidelines, and manuals, including our Ending the Game Facilitator’s Manual (if applicable), which are hereby incorporated into these Terms and Conditions by reference.
3. Privacy and Use of Information.
Your access and use of the Website or Company’s Content & Offerings is also governed by our Privacy Policy, which is hereby incorporated into these Terms and Conditions by reference. Please review our Privacy Policy at https://endingthegame.com/privacy-policy, which informs you of our data collection practices. Company reserves the right, and you authorize us, to use and assign all information regarding Website or Company’s Content & Offerings uses by you and all information provided by you in any manner consistent with our Privacy Policy.
4. Disclaimer
Your access and use of the Website or Company’s Content & Offerings is also governed by our Disclaimer as set forth in this section. Please carefully read this Disclaimer section before accessing or using the Website. If you do not agree to the terms in this Disclaimer section, you must not access or use the Website or our and Content & Offerings. By accessing or using the Website and/or its Content & Offerings, you agree to be bound by the terms in this Disclaimer and you understand and agree that:
(a) The Website or Company’s Content & Offerings provided by the Company or Company’s subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (“Company’s Related Entities”) are for informational and educational purposes only, are NOT medical, nursing, health, legal, financial, tax, accounting, or any other professional advice; are not medical or clinical diagnosis; and are not substitutes for medical, clinical, or heath advice from a professional who is aware of the facts and circumstances of your individual situation.
(b) Company and Company’s Related Entities shall not be held liable or responsible for any errors or omissions or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.
(c) Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any Content & Offerings available on this Website – does not create a professional-client relationship between you and the Company, Company’s Related Entities, or any of Company’s professionals. The Company cannot accept you as a client unless and until we enter into a separate agreement. Therefore, you understand and agree that we have not created any professional-client relationship by the use of this Website.
(d) Company has not made any guarantees about the results or effects of taking any action, whether recommended or not. You recognize that your success or failure will be the result of various factors and circumstances that are beyond the Company’s control. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the information, methods, steps or principles set out in the Services the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
(e) This Website or Company’s Content & Offerings are resources of general information that are intended, but not promised or guaranteed, to be correct, complete, and up to date. We cannot represent that this Website or Company’s Content & Offerings are free of errors. By accessing the Website or Company’s Content & Offerings, you accept responsibility for any potential harm or damage suffered for the use or non-use for the Website or Company’s Content & Offerings and agree to use your best judgment and conduct due diligence to verify any Website content or Company’s Content & Offerings before taking any actions based on the information provided.
(f) Neither Company nor Company’s Related Entities shall be liable for any errors or omissions relating to Website or its Content & Offerings.
(g) The Company and Company’s Related Entities are not responsible, in any manner whatsoever, for the acts, omissions, or content and offerings of third parties that are featured or mentioned in the Website or Content & Offerings. The Company and Company’s Related Entities do not guarantee the accuracy or veracity of any Content & Offerings of third parties that are featured or mentioned on the Website or Content & Offerings.
(h) The Company may refer to third-party Content & Offerings and third parties, including coaches, consultants, or experts. Any reference is not an endorsement or statement that the information provided by the third party is accurate. The Company provides this information as a reference only. You agree to conduct your own due diligence and make your own determination regarding any such Content & Offerings or third party.
(i) The Company may participate in affiliate marketing and have affiliate links on some of its pages. This means that we may earn a commission if you click on or make purchases via affiliate links. You understand that it is your responsibility to investigate whether any affiliate offers are right for you. You will conduct your own due diligence when deciding whether to purchase an affiliate product or service and will not rely on our recommendation or reference.
(j) You may find on the Website or Company’s Content & Offerings testimonials and stories from real, past or current clients and customers. You understand and agree that the results obtained by these past or current clients and customers are not necessarily typical and that they are not a guarantee of results or effects by using any Content & Offerings offered on this Website or by the Company. You acknowledge that the prior success of others does not guarantee your success.
5. Ownership
The Company hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use and access the Website or Company’s Content & Offerings and its resources for your own personal or internal business use. The Company does not grant you any other licenses, whether express or implied, and expressly excludes all other uses, including teaching, sharing, distributing, creative derivative works from, or adapting the Website or Company’s Content & Offerings or its materials, information and content.
Each Party retains its own pre-existing intellectual property. Company is the exclusive owner of all rights, title and interest in the Website or Company’s Content & Offerings, its assets, materials, presentations, products, Services, Deliverables, programs, programming, content, resources, methods, strategies, work product, and information, including trademark, copyright, patent, trade secret, moral rights, and any other intellectual property or proprietary right worldwide (“Company Property”). Company grants you a non-exclusive, limited, personal, revocable, non-transferable license to use the Company Property solely in connection with these Terms and to fulfill the purpose of these Terms. You agree not to use, modify, reverse engineer, make derivative works from, adapt, or transform the Company Property (“Modifications”) in any manner other than as permitted herein. You hereby assign all rights, title and interest in and to the Modifications to Company worldwide in perpetuity.
You agree that you will not do anything to affect the validity or enforceability of Company Property and its attendant goodwill. Any attempt to use or register Company Property or similar names and concepts shall be immediately owned by our Company as you hereby assign all filings and rights, title and interest therein worldwide in perpetuity. You agree to help us record proper ownership of the Company Property or similar names and concepts and will cover the costs of the same.
Any breach of this Ownership section shall be deemed a material breach of these Terms and cause for immediate termination of these Terms without further payment as well as denial of access to the Event or removal from the Event. This shall not waive any of our rights. You shall still remit all outstanding payments and reimbursements owed to Company.
6. Refund & Cancellation Policy
We invest significant time and effort into our Content & Offerings, and structure them in a way that incentivizes clients to take ownership and get the most out of our offerings. For this reason, any and all payments are non-refundable and non-cancellable.
7. Mission & Value Alignment, Disparagement, Non-Solicitation
We hold ourselves to the highest standards and only work with individuals and companies that are in alignment with our missions and values. You agree that you will not do anything that may be immoral, deceptive, obscene, offensive, harmful to our brand or to Company’s clients or Company’s Related Entities, or not in line with our mission and values. You agree not to make any statements or representations that disparage or harm our Company or Company’s Related Entities. You also agree not to solicit or induce our clients, vendors, employees or contractors to leave or cease work with the Company.
You understand that if we consider any such action or inaction to rise to a breach of the foregoing paragraph in our sole discretion, we may immediately terminate this Agreement and still be compensated for our work and time.
8. Trademark Usage
We appreciate you as a client and are happy to celebrate our relationship. As such, you confirm we may use your name and logo to identify you as a client in any manner. You can also indicate to the public that you are a client of ours and use our name to do so as long as such use is in a positive light. We reserve the right to object to any use of our trademarks or references and you agree to promptly remove such use upon notice.
9. Payments
With respect to any paid offerings, you have independently evaluated your ability to pay the fee set out in the respective terms and verify your ability to pay. You represent such fee is not unduly burdensome. You shall be responsible for full payment, regardless of whether you complete the product or services offered by Company. Company shall not be obligated to invoice you for payments. Company will provide you with payment receipts that will be sent via email to the email address of record. You acknowledge that, in the event of non-payment of fees when due, you shall be responsible for all costs of collection, including reasonable attorney’s fees and court costs as well as arbitration cost, and that any unpaid fees will be subject to collection. You acknowledge that if your payments are more than 15 days in arrears, the product or service privileges will be suspended or terminated, and the entire fee set forth herein will become due immediately with 12% interest.
10. Chargebacks and Payment Security
To the extent that you provide Company with payment method information, including credit cards, Company shall be authorized to charge you using such payment method for any unpaid charges, including late payment fees on the dates set forth herein. Company shall be authorized to make all charges at the time they are due. Separate authorization for each payment is not required. You shall not make any chargebacks to Company’s account or cancel your payment method that is provided as security without Company’s prior written consent and without making alternate arrangements with Company for provision of payment. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees, including any associated attorneys’ fees, court costs or arbitration fees and costs, incurred as a result of chargebacks. You acknowledge that failure to comply with this paragraph will constitute a material breach of these Terms and Company may, in its sole and absolute discretion, terminate the products or services and respective terms immediately. In such an event, you will not receive a refund for any amounts paid to date and all outstanding amounts will immediately become due and payable by you with interest as set forth herein.
11. Confidentiality
Confidential Information is defined as all information that the other Party knows or should know to be confidential, including intellectual property, business information, strategies knowhow, financial figures, plans, procedures, methods, inventions, Company client information, lists, email lists, and vendor lists, and information and materials disclosed or provided in connection with these Terms or Content & Offerings.
Throughout the course of our dealings, Confidential Information may be exchanged. The Parties agree not to share or use any Confidential Information for any other purpose except for fulfilling the terms of these Terms.
Confidential Information shall not include information that (a) is now or subsequently becomes generally available to the public; (b) either Party had rightful possession of prior to disclosure of such information by the disclosing party; and/or (c) either Party rightfully obtains from a third party.
Each Party shall keep the Confidential Information of the other in strictest confidence and shall use its best efforts to safeguard the disclosing party’s Confidential Information and to protect it against disclosure, misuse, loss and theft. Each Party shall require its contractors and any third parties requiring the other’s Confidential Information to sign written agreements with confidentiality provisions that are of equal or stricter protections than as set forth herein. Upon termination or expiration of these Terms, all Company Confidential Information shall be returned to Company or destroyed upon Company’s request.
12. Submissions
You grant us a non-exclusive license to use the information and materials you provide to us such as feedback, suggestions, testimonials, surveys (“Submissions”) in connection with our business, including the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name and image in connection with your Submissions.
13. Access
The Company reserves all rights to update, amend, withdraw, restrict, refuse or terminate access to the Website, Content & Offerings, and any related materials, including access codes, in whole or in part, at any point in time without advanced notice and in the Company’s sole discretion. You agree that all information you provide to the Company is accurate, up to date, complete and in accordance with the Company’s terms and policies that may be amended from time to time. You shall treat all access codes as confidential and not disclose such information to any other person or entity and shall use caution when accessing the Website, Content & Offerings.
14. Trademarks
ENDING THE GAME and others are trademarks of Company. Other product, service, or company names mentioned on this Website or its Contents & Offerings may be trademarks of their respective owners.
15. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website or Company’s Content & Offerings. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.
16. No Representations or Warranties
THE COMPANY AND COMPANY’S RELATED ENTITIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THIS AGREEMENT, THE SERVICES, THE PROGRAM, OR ANY OF THE INFORMATION, MATERIALS, PROGRAMS, RESOURCES, THIRD-PARTY REFERRALS, PRODUCTS OR SERVICES RELATED TO THIS AGREEMENT, INCLUDING AS TO RESULTS OR EFFECTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY AND COMPANY’S RELATED ENTITIES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
17. Limitation of Liability
THE COMPANY AND COMPANY’S RELATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR LOSS ASSOCIATED WITH ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERINGS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING, OR WITH ANY OF THE TERMS OF THIS DISCLAIMER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING.
ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY COMPANY AND COMPANY’S RELATED ENTITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND COMPANY’S RELATED ENTITIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR CONTENTS & OFFERINGS AT ANY TIME.
18. Indemnity
You agree to indemnify, hold harmless, defend and forever release Company and Company’s Related Entities from and against any and all liability, claims, demands, suits, causes of action, damages, losses, fines, assessments, costs, and expenses, including reasonable attorneys’ fees, settlement amounts, and damages awards, for any loss, harm, injury or illness whether commercial or personal, including death, violation of any law, regulation, code, or standard, including industry standards, or damage of any kind, whether caused by negligence or otherwise, arising from or in connection with: (i) your use of the Website or Company's Content or Offerings, or lack thereof; (ii) your use of or inability to use Company Property and products, services, or information provided by Company or Third-Party Referrals; (iii) your breach of this Agreement; or (iv) your violations of any right of a third party, or any applicable rules, regulations, laws, or ordinances. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
19. Your Warranties
You represent and warrant that (i) you have authority to enter into this agreement and grant the rights set out in these Terms; and (ii) the materials, information, or resources you provide do not infringe or misappropriate the rights of any third party, including intellectual property, publicity, privacy or contractual right.
20. No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement. Neither Client nor the Company shall be or become liable or bound by any representation, act or omission whatsoever of the other.
21. Assignment
You agree not to assign, transfer, delegate or subcontract these Terms in whole or part (including by operation of law) without our prior written consent. Any such unauthorized assignment, transfer or delegation in violation of this section shall be null and void and cause for immediate termination of these Terms. Company may assign, transfer, delegate or subcontract this Agreement in whole or in part.
22. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Francesca Witzburg, who can be reached as follows:
By Mail:
208 Lenox Avenue
#211
Westfield, NJ 07091
By E-mail:
francesca@witzburg.com
23. Applicable Law.
You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Conditions and any dispute that may arise between you and Company or Company’s Related Entities.
24. Termination
Company may terminate these Terms and Conditions at any time, with or without notice, for any reason.
25. Notices
Company may provide notices to you by sending a message to the email address you provide or by posting to the Website. Notices sent by email will be effective upon sending the email and notices given by posting will be effective upon posting. It is your responsibility to keep your email address current and notify us of a change to your email address.
Other than as specifically provided in these Terms, to give us notice under these Terms and Conditions, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to the mailing address listed below under Contact Information. We may update the address for notices to us by posting a notice on the Website.
26. Contact Information
Sowers Education Group, LLC
1401 21st Street, Ste. R, Sacramento, CA 95811
Contact@EndingTheGame.com
27. Miscellaneous
If any provision of these Terms and Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.
The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions by Company must be in writing and signed by an authorized representative of the Website.
Nothing contained in these Terms and Conditions or your use of the Website or its Content & Offerings shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
These Terms and Conditions constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Website, its Content & Offerings, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website, or separate agreements relating to any Content & Offerings.
Effective as of: May 10, 2023