FIVE FOUNDATIONS FOR FREEDOM FROM FEAR Terms of Use

Last updated on Jan 1, 2023

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using FIVE FOUNDATIONS FOR FREEDOM FROM FEAR (hereinafter referred to as the “Program”). The Program and its content are owned by Freedom From Fear L.L.C. and Chidinma Obi Sedenu.

1.    Definitions: 

“Company” means Freedom From Fear L.L.C. and its subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates

 

“WE”, “OUR”, or “US” means Freedom From Fear L.L.C. and Chidinma Obi Sedenu


“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program. 

“YOU”, “USER” or “YOUR” means the purchaser and person using the Program.

“YOUR representatives” means the purchaser’s spouse (if applicable), children, heirs, beneficiaries, trustees, administrators, and/or executors

“In water activities” means any activities that require partial or full submersion in water, including but not limited to swimming, snorkeling, diving, and doing strokes in a body of water like a pool or ocean.

“Released Testimonial” means YOUR name (as provided), YOUR information, audio, video, and/or images taken by YOU and/or of YOU, screenshots, YOUR written testimonies, statements, and feedback

  1. Consent:

By participating in the Program, YOU implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

  1. DISCLAIMER:

By participating in the Program, YOU understand that Freedom From Fear L.L.C. is a Wellness company.

 

WE are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. YOU are expected to discuss any changes to YOUR health, diet, or exercise regimen with YOUR physician or another medical professional first before trying them.


This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis. 

Although WE do OUR best to make sure all of the Program’s content is up to date and/or accurate, WE do not make any representation that all the information is accurate or free of errors at all times. WE do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to YOU. YOU should review any and all changes to YOUR diet, lifestyle, exercise regimen, or supplement routine with YOUR medical professional.

  1. Disclosures, Waiver, Release of Liability, and Assumption of the Risk

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If YOU have any injuries or limitations, please have them cleared by YOUR physician before attempting to participate in the Program.


By participating in the Program, YOU are assuming the risk of participating in it and agree to only participate if medically cleared to do so. WE are not responsible or liable for YOUR participation in the Program. 

 

In addition to the preceding clause, and especially for items outside a physician’s scope, YOU should use YOUR best judgment in using the information provided in the Program, which is done at YOUR own risk. It is YOUR responsibility to discern the risk of using the Program or its content. YOU assume responsibility for YOUR actions, choices, or lack thereof, related to the Program. 

Being a participant and participating in In water activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to yourself, to property, or to third parties. Such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 

WARNING! TAKING PART IN IN WATER ACTIVITES ARE INHERENTLY DANGEROUS ACTIVIES AND THERE ARE INHERENT RISKS INVOLVED IN YOUR PARTICIPATION, INCLUDING BUT NOT LIMITED TO EQUIPMENT FAILURE, PERILS OF THE WATER (SUCH AS PERILS FROM SUBMERGED OBJECTS, POOL OR OCEAN FLOOR CONDITIONS, CURRENTS, BREAKING WAVES, RIPTIDES, UNDERTOWS, AND INJURIES CAUSED BY SEA ANIMALS, WHERE APPLICABLE), ACTS OF OTHER PERSONS, OPERATIONS AND MOVEMENTS OF OTHER OBJECTS, AND ADVERSE WATER AND WEATHER CONDITIONS.

Where applicable, the risks also include, among other things: slips and falls; collision with fixed or movable objects or other watercraft; travel to remote areas; rapidly changing adverse weather and water conditions; accidental drowning; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; improper lifting or carrying; YOUR own physical condition, and the physical exertion associated with these activities. 

YOU MAY BE SERIOUSLY AND PERMANENTLY INJURED AND/OR KILLED AS A RESULT OF YOUR PARTICIPATION. EACH PARTICIPANT, REGARDLESS OF EXPERIENCE, HAS FINAL RESPONSIBILITY FOR HIS OR HER OWN SAFETY.

By taking part in this Program, YOU acknowledge that YOU have read and understood these warnings.

By taking part in this Program, YOU certify that YOU are in good physical health. YOU are physically able to participate in the Program safely. If YOU take part in any in water activity, YOU assert that YOU are physically capable of getting in and out of the body of water and participating in In water activities. YOU asset that YOU are capable of taking reasonable care of YOUR own safety while partaking in In water activities;

By taking part in this Program, YOU fully understand that in the event of illness or injury, appropriate care must be summoned and treatment will be delayed until YOU can be transported to a medical facility.

By taking part in this Program, YOU agree that WE have not made any representations to YOU, implied or otherwise, that WE can or will perform safe rescues or render first aid. In the event that YOU show signs of distress or call for aid, YOU would like assistance and will not hold US other participants liable for their actions in attempting the performance of rescue or first aid. 

  1. Intellectual Property Ownership:

The Program and its content, including, but not limited to, videos, texts, lectures, worksheets, documents, templates, audio material, examples, downloads, workbooks, community group and its contents, guest interviews, are intellectual property owned by Freedom From Fear L.L.C. and Chidinma Obi Sedenu. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

  1. Purchase & Access Terms & No Sharing:

YOU cannot distribute, copy, forward, and/or share the Program or its content with anyone else or post offline or online. YOU may not repurpose any of the Program or its contents for YOUR business purposes. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.


YOU may not share YOUR password or login information with anyone. If YOU share YOUR password or login with anyone who did not purchase the Program, YOU will be removed from the Program immediately and no refund will be issued. WE may seek additional or other recourses beyond YOUR removal from the Program with no refund. 

  1. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by US are simply that: examples. They are not guarantees that YOU will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that YOU will experience the same results as another client of ours. 

  1. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

WE do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. WE are not liable for damages of any kind related to YOUR use of the Program.

  1. YOUR Release of US, Indemnification, Hold Harmless:

To the fullest extent permitted by law, the Company and Chidinma Obi Sedenu expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by YOU related to YOUR purchase or use of, or participation in, the Program, its materials, OUR website, or any other information obtained by YOU from US. By enrolling in the Program, YOU hereby agree to this limitation of liability and release the Company and Chidinma Obi Sedenu from any and all claims.


 By participating in, purchasing, and/or enrolling in the Program, YOU, on YOUR own behalf and on behalf of YOUR representatives, agree to release, forgive, forever discharge, defend, indemnify, and hold harmless the Company and Chidinma Obi Sedenu, from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, of every kind and of every nature, including products liability, premises liability, if YOU and/or YOUR representative(s) are injured or killed as a result of any problems (medical, accidental, or otherwise), negligence, misconduct, or any other intentional or negligent act or omission related to, or arising out of, YOUR purchase of or participation in the Program, and/or YOUR breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

YOU knowingly and freely assume all such risks, both known and unknown, even if arising from OUR negligence, and assume full responsibility for YOUR participation in the Program.

YOU and/or YOUR representatives agree not to file any lawsuit, in relation to YOUR purchase of or participation in the Program. If a suit is filed, YOU will be responsible for all legal fees that occur. 

  1. OUR Refund Policy:

Refunds will not be issued for the Program once it is purchased. If YOU have any questions or concerns, or if there is anything WE can do to make YOUR experience a more pleasant one, please email Freedom From Fear L.L.C. at [email protected].

  1. ARBITRATION CLAUSE:

If YOU have any complaint or should any issue arise in the use of the Program, please contact US directly first by emailing Freedom From Fear L.L.C. at [email protected].

 

However, if WE are unable to amicably resolve YOUR dispute in that manner, YOU agree that YOU and Freedom From Fear L.L.C. and/or Chidinma Obi Sedenu shall submit YOUR dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.


By agreeing to this term, YOU hereby agree and understand that YOU’re waiving YOUR right to a jury trial in court, which would otherwise be available to YOU if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Tampa, Florida.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Florida. The only award that can be issued to YOU is a refund of any payment made to Freedom From Fear L.L.C. for the applicable Program. YOU are not permitted to seek additional damages, including consequential or punitive damages.

  1. Limitation of Liability:

Freedom From Fear L.L.C.  and/or Chidinma Obi Sedenu is/are not responsible or liable in any way for any and all damages YOU receive directly or indirectly from YOUR participation in the Program. WE do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by YOU. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

  1. Payment, Purchase, and Payment Plan Terms 

YOU are responsible for the full payment(s) regardless of whether YOU complete or participate fully in the Program. If choosing the single payment option, YOU are responsible for paying in full at the time of purchase. If an installment payment plan is available for the Program and YOU choose it, YOU are responsible for all installments, with the first payment due when purchasing, and the subsequent payments due according to the installment description.

 

When YOU pay for the Program by credit card or debit card, YOU authorize and give permission to Freedom From Fear L.L.C. to charge YOUR credit or debit card for the amount owed for payment of the Program. When YOU purchase the Program, YOUR information (i.e. credit card and contact info) may be collected by the third-party merchant (depending on the payment method YOU select at checkout), who may have privacy policies or security practices that are different than ours.  Freedom From Fear L.L.C. is not responsible for the merchant’s independent policies or practices.

 

For installment payment plans, YOU hereby authorize and give permission to Freedom From Fear L.L.C. to automatically charge YOUR credit or debit card as payment for the Program, for which YOU will receive an electronic receipt, at the time in which payment is due without any additional authorization from YOU. 

In the event that payment is not successfully made by the due date, YOU have a three (3) day grace period to make YOUR payment of the Program. If such payment is not received, YOUR access to and participation in the Program will not continue. If YOU fail to make payment within the grace period or at any other time, YOU are still responsible for all payments for the full cost of the Program.

  1. Confidentiality            

By purchasing this Program, YOU understand that information publicly shared in connection to the Program is accessible by others. If YOU choose to participate as a member in the community platform and/or group settings, YOUR information will be visible by other members of the Program, both current and future. YOU agree to hold Freedom From Fear L.L.C. harmless for any impact that

publicly sharing YOUR information may have. If YOU would instead like to share YOUR

exercises and questions privately, instead of in the community, YOU may message

US directly at [email protected]. 

By purchasing this Program, YOU are also agreeing to keep confidential information shared within the community platform and/or group settings as confidential. YOU may not screenshot or otherwise share any information YOU encounter within the community platform and/or group settings. YOU may be immediately removed from both the community and the Program if the Company is notified of YOU violating this agreement. Additionally, if YOU hear of any members inappropriately sharing confidential information, please notify Freedom From Fear L.L.C. at [email protected]

immediately. 

 

Notwithstanding anything in the foregoing, in the event that the YOU are required by law to disclose any information related to the Program, YOU will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Information from disclosure.

15.  Testimony Release:

YOU hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Testimonial by US and the Company for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, advertisements, promotions, email marketing, website, business purposes or any other medium in any form that has been or will be invented, without payment to YOU. WE may alter the information used at OUR discretion.

YOU shall not sue nor bring any action against the Company and US regarding the Released Testimonial. YOU hereby release the Company and US from any and all claims and demands arising out of or in connection with any use of the Released Testimonial, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. YOU claim no ownership of the Released Testimonial and forego any opportunity, whether past or present, to copyright or trademark the Released Testimonial. 

YOU give consent to the use of this Released Testimonial while knowing and understanding that YOUR name, comments, and other identifying factors may be revealed to the general public.    

16. Severability and Delay

 The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

No failure or delay on OUR part in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

17.  Choice of Law and Venue

These Terms of Use shall be governed by the laws of the state of Florida. Any action brought by any party arising out of or from these Terms shall be brought within the Florida county of Hillsborough.

18.  Entire Agreement

These Terms of Use contains the entire agreement between YOU and the Company. There are no other promises or conditions in any other agreement (oral or written) between YOU and the Company.


By purchasing and/or participating in the Program, YOU implicitly signify YOUR agreement to all of the terms in these Terms of Use.

If YOU have any questions about the Terms of Use, please contact Freedom From Fear L.L.C. at [email protected]. Thank you.