Terms & Conditions

BY CLICKING ON THE ACCEPTANCE BOX, SIGNING THIS AGREEMENT AND/OR USING THE PROGRAM MATERIALS OR ACCESSING THE 30 DAYS TO A HAPPIER LIFE WEBSITE (“Site”), YOU (“Buyer”) AGREE TO THE PROGRAM AND SITE TERMS AND CONDITIONS, AS MORE FULLY SET FORTH IN THIS AGREEMENT WITH SHIMOFF & ASSOCIATES, INC.(“S&A”) AND THE SITE’S TERMS OF USE. YOUR CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE AGREEMENT AND TERMS OF USE ARE CONDITIONS PRECEDENT TO YOUR RIGHT TO USE THE PROGRAM MATERIALS AND THE SITE.

THERE IS A SEVEN (7) DAY REFUND AVAILABLE FROM THE DATE OF PURCHASE. NO REFUNDS WILL BE GIVEN AFTER THE 7-DAY PERIOD HAS RUN. THE PROGRAM IS NOT A SUBSCRIPTION PROCESS THAT MAY BE CANCELED AT ANY TIME, AS A RESULT, YOU UNDERSTAND AND AGREE THAT ONCE THE 7-DAY REFUND PERIOD HAS RUN, YOU ARE OBLIGATED TO MAKE ALL REMAINING PAYMENTS WHEN DUE. IF A REFUND IS REQUESTED ALL ACCESS TO THE PROGRAM WILL BE TERMINATED

This AGREEMENT (the “Agreement”) is made between the Shimoff & Associates, Inc. (“S&A”) and Site User (“Buyer”). S&A and Buyer are sometimes individually referred to as “Party” and collectively referred to as the “Parties.” WHEREAS, S&A has developed the 30 Days to a Happier Life Program (the “ Program”) to provide information for women and men 18 years or older; WHEREAS, Buyer desires to participate in the Program; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, S&A and Buyer hereby agree as follows:

Waiver and Release. Buyer hereby releases, waives, discharges and covenants not to sue S&A and its directors, officers, servants, agents, personnel, contractors, volunteers or employees (collectively, the “Released Party”) from any and all actual or alleged liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Buyer, or any of the property belonging to Buyer, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the Released Party, or otherwise, while participating in the Program.
Assumption of Risks. Buyer is fully aware of the risks involved with the Program, including but not limited to, negligence, omissions or willful misconduct, and hereby elects to voluntarily participate in the Program with full knowledge of any such risks. Buyer voluntarily assumes full responsibility for any risk of loss, property damage or personal injury that may be sustained by the Buyer, or any loss or damage to property owned by the Buyer, as a result of being engaged in the Program.
Indemnification. Buyer hereby agrees to indemnify and hold harmless the Released Party from any loss, liability, damage or costs, including court costs and attorney fees, that the Released Party may incur due to or caused by Buyer’s participation in the Program, even if caused by the negligence of the Released Party.
Not a Substitute for Counseling and Medical Advice and Treatment. Buyer agrees to not use the Program as a substitute for counseling, psychotherapy, medical advice, medical treatment, substance abuse treatment or otherwise. Buyer acknowledges that the Program is not being provided by a licensed medical and/or mental health professional. Buyer represents that if Buyer is currently in therapy of any type and/or under the care of a mental health professional that Buyer has consulted with that professional regarding the advisability and appropriateness of Buyer participating in the Program.
No Warranties and Representations; and Limited Guarantee. Buyer understands and acknowledges that except for the 7-day money back guarantee, S&A makes no other guarantees and further, S&A does not guarantee or promise any specific results from participation in the Program, and, in addition, S&A makes no guarantees, warranties or representations, either express or implied, as to any benefits, improvements or success in Buyer’s life resulting from the Program and/or any actions taken as a result of or in connection with the Program.
General Release of Unknown or Unanticipated Results. Buyer does hereby assume the risks set forth in this Agreement, including without limitation, the risks set forth in Paragraphs 1, 2, 3, 4 and 5, and Buyer agrees that Buyer’s releases and waivers set forth in this Agreement shall apply to all unknown or unanticipated results of the transactions and occurrences of the Program, as well as those known and anticipated, and, Buyer does hereby knowingly and expressly waive any and all rights and protections under California Civil Code Section 1542, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”, or any similar law, rule or provision of any jurisdiction pertaining to the matters released in this Agreement.
Limitation of Liability. CERTAIN APPLICABLE LAWS MAY NOT ALLOW ALL THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT. TO THE EXTENT THAT ANY OF THE REMEDIES AND/OR LIMITATIONS SET FORTH IN THIS AGREEMENT SHOULD BE DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSES, BUYER AGREES THAT S&A’S TOTAL LIABILITY TO BUYER UNDER ANY CIRCUMSTANCES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSSES, DAMAGES, CAUSES OF ACTION, AND/OR NEGLIGENCE SHALL NOT EXCEED THE TOTAL MANUFACTURER’S SUGGESTED RETAIL PRICE OF THIS PRODUCT AT THE TIME OF PURCHASE.
Buyer’s Representations. In using this site, Buyer acknowledges and represents that:

Buyer has read the foregoing Agreement, understands it and signs it voluntarily as Buyer’s own free act and deed.
No oral representations, statements, or inducements, apart from the foregoing written agreement have been made.
Buyer is at least eighteen (18) years of age and fully competent; provided, however, that people under the age of 18 may participate with parental approval.
Buyer executes this Agreement for full, adequate and complete consideration fully intending to be bound by the same.

Copyright and Trademark Information. The Program and associated materials (collectively the “Materials”’) is copyrighted by S&A., all rights reserved. Warning: Federal law provides severe civil and criminal penalties for the unauthorized reproduction or public distribution or exhibition of copyrighted motion pictures, video tapes, or video discs. The Materials are protected by Title 17, United States Code, including but not limited to, Sections 501, 504, and 506. 30 Days to a Happier Life, the name of this Program, and the stylized versions of these are all trademarks of S&A.
Grant of License – Materials May Not Be Resold Or Otherwise Transferred. The Materials are licensed only for the non-commercial private exhibition for the individual purchaser. Buyer agrees that any public performance, other use, or copying is strictly prohibited. This Agreement permits Buyer to receive a single, non-transferable, non-assignable license for the non-commercial private exhibition of the Materials. The Materials, in whole or in part, are not to be re-sold at any time. In other words, Buyer expressly agrees that the Materials are for Buyer’s own personal use only, and are not to be sold or otherwise distributed or transferred to any others now or at any time in the future. S&A will, in all circumstances, vigorously pursue anyone who infringes upon or otherwise violates its rights under this contract or at law or equity for the maximum remedies, protections, and statutory damages allowable under but not limited to Title 17, United States Code, Chapter 5.
Authority to Enter Agreement. Each Party warrants that the individuals who have used this site and this Agreement have the legal power, right and authority to make the Agreement and bind each respective Party.
Binding Authority. It is Buyer’s express intent that this Agreement shall bind the members of Buyer’s family, spouse, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge and covenant not to sue the Released Party on behalf of the Buyer.
Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified therein, and supersedes any prior oral or written statements or agreements between the Parties related to the matters herein.
Headings. Headings to the paragraphs of this Agreement are inserted only as a matter of convenience and for reference. Such headings in no way define or limit the scope of this Agreement nor the content of any provision of this Agreement.
Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel or otherwise.
Amendment/Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties.
Governing Law. This Agreement shall be construed in accordance with the laws of the State of California.