Terms & Conditions
Please read these Master Terms of Use and Sale carefully before using our websites, accessing free content, purchasing an Offering, joining a Program or Community, using FrequencyGardening.AI, or participating in any Frequency Gardening activity.
These Terms form a legally binding agreement. They contain important provisions concerning digital delivery, payment plans, subscriptions, crypto-asset payments, final sales, intellectual property, artificial intelligence, experiential practices, land-based activities, assumption of risk, disclaimers of warranties, limitations of liability, and indemnification.
Nothing in these Terms excludes, restricts, or waives any right, remedy, protection, warranty, or liability that cannot lawfully be excluded, restricted, or waived.
1Company Information
These Master Terms of Use and Sale, referred to as the “Terms,” are entered into between you and New Earth Era Inc., doing business as Frequency Gardening™.
Email: [email protected]
Throughout these Terms, “Company,” “Frequency Gardening,” “we,” “us,” and “our” mean New Earth Era Inc., doing business as Frequency Gardening™. “You,” “your,” “user,” “customer,” “purchaser,” and “participant” mean the individual or legal entity accessing our Sites or Offerings. If you purchase or use an Offering on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.
2Scope of These Terms
These Terms govern your access to and use of all Frequency Gardening websites, subdomains, landing pages, checkout pages, portals, communities, digital platforms, and online resources that display or link to these Terms.
They also govern all current and future Frequency Gardening Offerings, including the Frequency Gardening Certification; Awakening Through the Garden; Full-Spectrum Electroculture; standalone digital courses; online workshops and masterclasses; audio tracks and audio programs; video programs and recordings; digital downloads, PDFs, charts, guides, templates, and workbooks; free educational resources; live and recorded calls; communities and memberships; private calls and consultations; FrequencyGardening.AI; and any future Frequency Gardening digital education, resource, tool, program, service, or community that links to these Terms.
These Terms apply whether an Offering is paid or free. They govern Frequency Gardening only and do not automatically govern another brand owned or operated by New Earth Era Inc. unless that brand, website, checkout, or offer expressly links to these Terms.
3Related Policies and Agreements
These Terms incorporate by reference the Frequency Gardening Comprehensive Educational and Experimental Disclaimer; the Frequency Gardening Privacy and Cookie Policy; any offer-specific sales page, order form, checkout disclosure, invoice, purchase summary, schedule, or written terms presented before purchase; the Frequency Gardening Certification Participant Agreement and Code of Ethics for Certification participants; and any separate membership, affiliate, event, practitioner, or licensing terms expressly accepted by you.
The complete agreement for a particular purchase consists of these Terms together with the specific documents and disclosures applicable to that Offering. If documents conflict, your checkout confirmation or invoice controls the specific Offering, price, currency, payment schedule, access period, and purchase date. Offer-specific written terms control over general terms for that Offering. The Frequency Gardening Certification Participant Agreement controls certification assessment, candidate conduct, professional scope, certification status, ethics, risk, and use of the Certified Frequency Gardener title and mark. The Comprehensive Educational and Experimental Disclaimer controls educational, professional, health, intuitive, experimental, and results disclaimers. Mandatory applicable law controls over every document.
4Acceptance of These Terms
You accept these Terms by visiting or using a Site; checking a box confirming agreement; submitting an order; making a payment; creating or using an Account; accessing free or paid Content; joining a Program, call, membership, or Community; downloading a resource; using FrequencyGardening.AI; signing an offer-specific agreement; or continuing to use a Site or Offering after receiving notice of these Terms.
If you do not agree to these Terms, do not access or use the Sites or Offerings. You should retain a copy of these Terms, all checkout disclosures, your receipt, your payment schedule, and any offer-specific agreement.
5Eligibility and Age
Our paid Offerings, Accounts, Communities, live calls, AI Services, and experiential practices are intended only for adults.
By purchasing, creating an Account, or participating, you represent that you are at least eighteen years old; you have reached the legal age of majority in your jurisdiction if that age is higher than eighteen; you have legal capacity to enter into a binding agreement; the information you provide is truthful, current, complete, and accurate; and you are not prohibited by law from accessing or purchasing the Offering.
Publicly accessible website information may be viewed by younger visitors, but minors may not purchase, create Accounts, join Communities, attend calls, use FrequencyGardening.AI, or participate in experiential activities. We do not knowingly contract with minors.
6Definitions
“Account” means a user account created through Kajabi or another platform used to access an Offering.
“AI Service” means FrequencyGardening.AI and any artificial-intelligence, machine-learning, chatbot, transcription, summarization, or automated tool made available by or through the Company.
“Community” means any Kajabi community, Alliance application, private group, forum, chat, social channel, membership area, or other interactive space operated for Frequency Gardening participants.
“Content” means all text, video, audio, images, diagrams, charts, lessons, downloads, emails, presentations, transcripts, recordings, assessments, frameworks, instructions, prompts, software, AI knowledge materials, and other materials made available by or through the Company.
“Digital Product” means a course, recording, audio track, video, download, PDF, guide, chart, template, workbook, resource, or other electronically delivered item.
“Lifetime Access” has the meaning stated in Section 14.
“Offering” means any free or paid Content, Digital Product, Program, Certification, Subscription, membership, private call, Community, event, service, or AI Service offered by the Company.
“Order” means a request to purchase an Offering.
“Payment Plan” means a fixed total purchase price divided into multiple installments.
“Program” means a structured educational Offering that may include recorded Content, live calls, support, assignments, Community access, or other features.
“Site” means any website, subdomain, landing page, checkout page, portal, application, or digital property owned or controlled by the Company that links to these Terms.
“Subscription” means an Offering supplied on a continuing recurring basis until cancelled under its stated terms.
“User Content” means content that a user submits, uploads, posts, records, sends, or otherwise provides through a Site, Program, Community, call, AI Service, or Company communication channel.
7Website Access and Information
The Sites and publicly available Content are provided for general educational and informational purposes. We may modify, update, reorganize, suspend, or remove Site Content; correct errors and omissions; change website features or navigation; restrict access for maintenance, security, or legal reasons; or discontinue a Site or move it to another domain or platform.
We do not guarantee that every Site, page, link, recording, caption, schedule, historical reference, quotation, or technical statement will always be complete, current, or error-free. You are responsible for independently verifying information before relying on it for an important decision.
8Offer Descriptions and Pre-Purchase Information
Before completing a purchase, you are responsible for reviewing the applicable sales page, checkout page, order form, and purchase disclosures. Depending on the Offering, those materials may identify the Offering name and description; included and excluded features; delivery method; start date, access date, or guided-service period; access period; technical requirements; price and currency; taxes or known additional charges; total payment obligation; Payment Plan, Subscription, or renewal terms; refund and cancellation rules; material restrictions; support expectations; and any promotional terms.
The applicable sales page and checkout disclosure form part of your contract. Do not purchase an Offering if you do not understand what is included, the total price, the payment structure, or the access period.
9Orders and Contract Formation
Submitting an Order is an offer to purchase. An Order is accepted when we confirm the purchase in writing, issue access to the Offering, receive cleared payment, issue an invoice confirming acceptance, or otherwise expressly confirm the transaction.
An automated receipt does not prevent us from cancelling an Order where the displayed price was an obvious error; the Offering was unavailable; payment was unauthorized or fraudulent; required information was missing or inaccurate; the purchaser was ineligible; or completing the transaction would violate law, sanctions, payment-processor rules, or platform requirements.
If we cancel an accepted Order before providing the purchased Offering, we will issue any refund required by law. We may limit or refuse an Order based on location, legal restrictions, sanctions, payment risk, capacity, prior misuse, or other legitimate business reasons.
10Digital Products Only
Frequency Gardening currently offers digital education, digital resources, online services, and related access. No physical product is included unless an offer expressly states otherwise in writing.
These Terms do not create any shipping, handling, delivery, replacement, or return obligation for physical goods. References to tools, materials, equipment, antennas, devices, minerals, preparations, or supplies within educational Content do not mean those items are included in your purchase. You are responsible for sourcing and evaluating any third-party item you choose to use.
11Prices, Currency, Taxes, and Third-Party Fees
Unless expressly stated otherwise, all prices are stated and payable in United States dollars; applicable taxes may be added; prices may change for future purchases without notice; a price change does not retroactively change an accepted Order; and promotional pricing applies only for the stated eligibility period and conditions.
Your bank, card issuer, payment provider, financing provider, or crypto platform may impose currency-conversion charges, foreign-transaction fees, wire or bank-transfer fees, interest or financing charges, network or blockchain fees, payment-processing fees, or other third-party charges. We do not control or receive those charges unless expressly disclosed. Your payment obligation is not reduced by a bank, processor, network, gas, exchange, conversion, financing, or transfer fee.
12Payment Methods
We may accept payment by credit card, debit card, Kajabi Payments, Stripe or another card processor, PayPal, bank transfer, approved third-party financing, approved crypto-assets, or another method shown at checkout or approved in writing.
Available methods may differ by Offering, location, amount, and customer. We may add, remove, or restrict payment methods for future transactions. Each third-party payment provider may impose separate terms and privacy practices, which you are responsible for reviewing.
13Payment Plans
13.1 Fixed Purchase Obligation
Unless an offer expressly identifies itself as a cancel-anytime Subscription, a multi-payment arrangement is a Payment Plan for one fixed purchase. The total purchase price, number of installments, installment amount, frequency, and due dates will be displayed before purchase or stated on your invoice.
A Payment Plan is not a monthly membership and is not cancelled because you stop participating or accessing the Content; fail to complete the Program; change your mind; encounter a scheduling conflict; do not achieve a desired result; leave a Community; are removed for misconduct; cancel the card used for payment; ask a financial institution to block future charges; or ask us to stop processing installments.
You remain responsible for the total purchase price, subject to any cancellation or refund right that cannot lawfully be waived.
13.2 Payment Authorization
By selecting a Payment Plan, you authorize us and our payment providers to charge your payment method for the initial payment, each scheduled installment, applicable taxes, reasonable automatic retries of failed payments, and any amount approved in a written payment arrangement. You must keep your payment information current.
13.3 Failed Payments and Retries
A failed payment may be automatically retried according to the payment processor's standard retry schedule. We may contact you for updated payment information.
If a payment remains unpaid for fourteen days after its due date and no written arrangement has been approved, we may temporarily suspend Account access, portal access, course access, live calls, Community access, support, AI Services, submission review, certification processing, membership benefits, and other services connected with the unpaid purchase.
A suspension caused by non-payment does not automatically pause or extend a time-limited Program, support period, Subscription period, guided period, or access period. Access may resume after the Account is brought current or an approved written arrangement is in place.
13.4 Payment Arrangements
We may, but are not obligated to, approve a hardship pause, revised payment date, deferral, or other arrangement. An arrangement is valid only if confirmed by us in writing. A temporary accommodation does not permanently waive a payment obligation or otherwise change these Terms.
13.5 Collection
We may use lawful collection methods to recover overdue amounts. You may be responsible for reasonable collection costs, payment-return fees, and legal costs only to the extent permitted by law and expressly recoverable.
14Access Periods and Lifetime Access
14.1 Access Period Stated in the Offer
The access period for an Offering is the period stated on its sales page, checkout page, invoice, or purchase confirmation. Different Offerings may have different access periods.
14.2 Current Lifetime-Access Digital Offerings
Unless the applicable sales page expressly states another period, Awakening Through the Garden, Full-Spectrum Electroculture, standalone digital courses, audio tracks and audio programs, recorded video programs, digital downloads, and other self-study Digital Products described as including Lifetime Access are generally provided with Lifetime Access.
14.3 Meaning of Lifetime Access
Lifetime Access means continued access to the purchased version of the Digital Product while the Company continues to offer or host that product, or a substantially equivalent version, through Kajabi or a successor platform. It refers to the operational life of the product and delivery platform, not the biological lifetime of the purchaser.
Lifetime Access does not guarantee permanent operation of Kajabi or any particular Site or platform; access through the original URL or interface; perpetual live calls, support, Community access, updates, future editions, AI Services, or products added after purchase; or permanent storage of User Content.
We may migrate an Offering to another platform or replace it with a substantially equivalent version. If we permanently discontinue a Lifetime Access product, we may, where reasonably practicable, provide advance notice, downloadable files, temporary export access, a substantially equivalent replacement, or another reasonable method of fulfilling remaining access. No particular migration, download, or replacement method is guaranteed except where required by law or expressly promised.
14.4 Access Conditions
All access remains subject to payment in full or compliance with an active Payment Plan; Account security; these Terms; intellectual-property restrictions; lawful use; platform availability; and offer-specific limitations.
Access may be suspended or terminated for non-payment, Account sharing, infringement, fraud, unlawful conduct, security risk, or material breach.
15Program Changes and Delivery
We may make reasonable changes to an Offering, including updating lessons, correcting errors, reorganizing modules, changing the delivery platform, replacing a facilitator or guest expert, rescheduling or combining live calls, replacing a live session with a recording or equivalent session, updating technical requirements, retiring outdated Content, or changing administrative processes.
We will not use this right to retroactively increase your total purchase obligation or materially remove the central substance of a purchased Offering without providing any remedy required by law.
A particular instructor, guest expert, platform, call time, feature, file format, or sequence is not guaranteed unless expressly stated as an essential term of the purchase.
16Frequency Gardening Certification
16.1 Certification Offering
The Frequency Gardening Certification is an online and digital educational certification offered by New Earth Era Inc., doing business as Frequency Gardening™.
It is not a governmental licence, regulated professional credential, academic degree, or accreditation from a governmental, medical, psychological, veterinary, agricultural, environmental, engineering, or academic authority.
16.2 Separate Participant Agreement
Certification purchasers must sign the Frequency Gardening Certification Participant Agreement before they are authorized to consume Certification curriculum, attend Certification calls, use support, join the Certification Community, use FrequencyGardening.AI through the Certification, submit work, pursue certification, or use a certification title or mark.
The Participant Agreement contains additional provisions governing candidate responsibilities, land-based and experiential risks, assessment, certification requirements, scope of practice, intellectual property, AI use, ethics, suspension and revocation, use of the Certified Frequency Gardener title and mark, releases, liability limits, and indemnification. The Participant Agreement controls those Certification-specific matters.
16.3 Guided Certification Period
The guided Certification period is 365 consecutive days beginning on the enrollment date.
Subject to payment status, platform availability, compliance, and the Participant Agreement, the guided period includes access to the purchased curriculum and the Certification requirements published for the candidate's enrollment version; approximately two live group calls per month; teaching, question-and-answer, Community, support, or design-oriented calls scheduled by the Company; FrequencyGardening.AI access while available and included; design support through the designated Community platform; the ability to engage with active participants; review of required submissions; and eligibility to pursue certification after completing the applicable requirements.
Exact call dates, topics, platforms, and instructors may vary.
16.4 Certification Support
We aim to respond to appropriate support and design questions submitted through the designated Certification Community within approximately three to seven business days. This is an estimate and not a guaranteed service level.
Response times may be longer during holidays, illness, emergencies, launch periods, unusual volume, platform outages, or internal review. Support does not include emergency, medical, psychological, veterinary, legal, financial, electrical, engineering, agronomic, pesticide, or other regulated professional advice.
16.5 Certification Purchase Options
Unless a different offer is expressly presented at checkout, the Certification purchase options are one payment of US$5,000 plus applicable taxes, or twelve monthly installments of US$500 for a total of US$6,000 plus applicable taxes.
The twelve-installment option is a fixed Payment Plan for one Certification purchase and is not a cancel-anytime Subscription. The price and option shown on the purchaser's checkout confirmation and receipt control.
16.6 Certification Is Not Guaranteed
Purchasing, attending, participating, or submitting work does not guarantee certification.
Certification is awarded only when the Company reasonably determines in good faith that the candidate completed the applicable requirements, demonstrated the required competencies, paid all amounts due, complied with the Participant Agreement, and complied with the Code of Ethics.
We may request clarification, correction, additional evidence, or resubmission. The Certification requirements are those published for the candidate's enrollment version and are not hardcoded into these Terms.
16.7 End of Guided Period
At the end of the 365-day guided period, included live Certification calls, active design support, active Community participation, included FrequencyGardening.AI access, and other time-limited guided services end unless otherwise stated or separately purchased.
An optional paid alumni membership may be offered for continued calls, Community access, support, AI access, or related benefits. Alumni membership is not included in the Certification purchase, and its availability, price, benefits, and terms may change. No alumni membership is currently required to keep certification in good standing.
16.8 Recorded Certification Curriculum
After the guided period, the candidate receives reasonable continued access to the purchased version of the core recorded Certification curriculum while we continue to offer or host that version or a substantially equivalent successor.
If the curriculum is permanently discontinued, we will, where reasonably practicable, provide at least twelve months' notice or make reasonable efforts to provide substantially equivalent files or alternate access.
Continued access does not include perpetual live services, assessment, support, Community access, future versions, or AI access.
16.9 Certification Status
Certification currently has no annual renewal fee, no mandatory continuing-education requirement, and no requirement to purchase an ongoing membership.
Certification and use of the Certified Frequency Gardener title and mark remain subject to good standing and the Participant Agreement. If future renewal or continuing requirements are introduced, certified practitioners will receive at least six months' written notice, subject to applicable law.
17Other Courses and Digital Products
Awakening Through the Garden, Full-Spectrum Electroculture, standalone courses, audio tracks, recorded video programs, downloads, and other self-study products include only the components stated on their sales pages.
Unless expressly included, a self-study Digital Product does not include private advice, personalized garden design, submission review, certification, live calls, Community access, direct support, professional consultation, permanent AI access, updates, or future versions.
A Digital Product may be updated or replaced without creating an obligation to provide every future edition to an earlier purchaser.
18Live Events, Workshops, and Masterclasses
A live online workshop, event, activation, masterclass, or call may have its own date, time, duration, recording policy, attendance terms, access period, cancellation rules, technical requirements, and participation standards.
Unless expressly stated otherwise, you are responsible for converting the scheduled time to your local time zone and maintaining the technology needed to attend. Failure to attend does not create a refund right. A recording may be supplied instead of a repeat session. We may reschedule because of illness, emergency, technology failure, or force majeure, and we may use a substitute facilitator. A recording may include participant names, voices, images, chats, and questions.
19Private Calls
Unless a specific offer states different terms, a separately purchased private call must be booked within thirty days after purchase and expires if not booked within that period. One rescheduling request is permitted when normally made at least forty-eight hours before the call. A later emergency request may be considered in our discretion.
Missed calls and late cancellations may be forfeited, additional rescheduling may require a new purchase, and calls are non-refundable except where required by law. Arriving late does not extend the scheduled end time.
A private call does not create a regulated professional relationship. Calls may be recorded, transcribed, summarized, or processed through AI systems for internal service delivery, quality assurance, note-taking, safety, training, dispute handling, and recordkeeping, as described in the Privacy and Cookie Policy.
20Free Resources and Promotions
These Terms apply to free masterclasses, downloads, PDFs, audio and video Content, social-media Content, emails, workshops, Community previews, AI access, promotional resources, and educational posts.
Free Content is provided as a revocable licence, not a transfer of ownership. We may modify or withdraw free Content at any time. Free Content is subject to the same educational disclaimers, no-results provisions, intellectual-property restrictions, AI limitations, prohibited-use rules, land and safety responsibilities, and liability limitations that apply to paid Content.
Access to a free resource does not guarantee continued access, future resources, personal support, or acceptance into a paid Program.
21Subscriptions and Recurring Memberships
21.1 Clear Identification
An Offering is a Subscription only when its sales page or checkout clearly states that it renews or bills on a recurring basis. A Payment Plan for a fixed purchase is not a Subscription.
21.2 Billing Authorization
By purchasing a Subscription, you authorize recurring charges at the price and interval shown at checkout until you properly cancel, together with applicable taxes.
The applicable terms will disclose the billing amount, frequency, any trial or promotional period, renewal method, cancellation method, access after cancellation, and any minimum commitment.
21.3 Cancellation
You may cancel a Subscription using the method stated at checkout, through your Account where available, or by contacting [email protected].
Cancellation stops future renewal charges after the legally effective cancellation date. Unless applicable law requires otherwise, cancellation does not retroactively refund a charge already processed; no partial or prorated refund is provided for an unused portion of a renewal period of sixty days or less; access may continue until the end of the paid period; cancelling a payment card or blocking the merchant does not constitute proper cancellation; and you remain responsible for charges incurred before cancellation became effective.
For renewal periods longer than sixty days, we will provide the advance notice, cancellation options, prorated refunds, and processing timelines required by applicable law.
21.4 Price and Term Changes
We may change future Subscription prices or features by providing notice required by law. The notice will explain the change, effective date, and your cancellation option.
If a unilateral change materially disadvantages you, you may exercise any cancellation right provided by applicable law. We will not unilaterally reduce non-waivable cancellation or refund rights.
22Crypto-Asset Payments
22.1 Availability
Crypto payment is available only when expressly approved by us in writing and only for a one-time purchase. Crypto may not be used for Payment Plans, recurring Subscriptions, automatic installments, or any transaction we decline to process through crypto.
22.2 Supported Crypto-Assets
Depending on the transaction, we may approve payment in Bitcoin, Ether, XRP, USD Coin, Tether, or another major crypto-asset approved in writing.
Availability depends on the asset, network, jurisdiction, wallet, platform, transaction size, and our current arrangements. We may decline any asset or network.
22.3 USD Price Controls
The Offering remains priced in United States dollars. Crypto is an alternate method of satisfying the stated USD purchase price.
We will provide the approved asset, blockchain network, destination wallet address, any required memo or destination tag, the amount required, and any quote-validity period.
Unless the instructions state another validity period, the quote is valid only during the Pacific Time calendar date on which it is issued. If payment is not received during that period, we may issue a new amount based on the then-current exchange rate.
22.4 Completion of Payment
Payment is not complete until the correct asset is sent through the approved network to the exact wallet address supplied by us; any required memo or destination tag is correctly included; the full amount is received; required blockchain confirmations have occurred; and the transaction passes any applicable compliance or security review.
A screenshot, transaction initiation, pending status, wallet estimate, or exchange receipt does not by itself prove completed payment.
22.5 Network and Transfer Responsibility
You are solely responsible for entering the correct wallet address, selecting the correct network, using the correct asset, including any required memo or destination tag, paying all network and exchange fees, sending enough crypto for the full invoiced amount to arrive after fees, confirming that your platform permits the transfer, and complying with legal and tax obligations.
Blockchain transactions may be irreversible. We are not responsible for crypto sent to the wrong address, through the wrong network, without a required memo or tag, in an unsupported asset, in an insufficient amount, after the quote expired, through a platform that freezes or delays the transfer, or from a source that creates legal or compliance concerns.
We may attempt to recover a mistaken transfer where technically possible, but recovery is not guaranteed and may require payment of all associated fees.
22.6 Underpayments and Overpayments
If the amount received is less than required, we may request the shortfall, requote the remaining balance, decline the transaction, or delay access until the full amount is received.
If an overpayment occurs, we may apply it as a credit, return the excess less network and administrative costs, or leave a minor excess unreturned where the cost of returning it would be disproportionate, where lawful.
22.7 Volatility and Refunds
Crypto prices may change rapidly. Once the required amount is received and confirmed, later market movement does not change the purchase price or create a credit, refund, or balance adjustment.
If a refund is required by law or expressly approved, it will be calculated using the USD amount eligible for refund rather than the later market value of the original crypto units. We may issue the refund in fiat currency, stablecoin, or another approved crypto-asset and may choose the method where lawful. Network and third-party fees may be deducted where permitted, and identity, tax, wallet, and compliance information may be required before funds are returned.
22.8 Compliance
We may request information reasonably needed to verify identity, transaction ownership, source of funds, wallet control, location, sanctions status, fraud risk, and legal or regulatory compliance.
We may reject, freeze, delay, report, or return a transaction where required or permitted by law or where we reasonably identify fraud, sanctions, money-laundering, security, or compliance risk.
23Final-Sale and Refund Policy
23.1 General Policy
Due to the immediate, digital, proprietary, downloadable, experiential, and knowledge-based nature of our Offerings, all sales are final and non-refundable except where a refund, cancellation, correction, or other remedy is required by applicable law; we verify that you were charged twice for the same purchase; we confirm a clear billing error; or we are unable to deliver the purchased Offering at all and cannot provide a reasonable replacement.
These narrow exceptions do not create a satisfaction guarantee or trial period.
23.2 No Refund Based on Personal Circumstances
Except where required by law, refunds, credits, cancellations, or Payment Plan releases are not provided because of change of mind; failure to review the sales page; failure to use the Offering; failure to attend calls or complete a Program; failure to meet certification requirements; scheduling conflicts; travel; illness or personal hardship; employment, relationship, family, financial, or business changes; disagreement with the Content; incompatibility with personal beliefs; technical problems on your device; failure to achieve a desired result; removal or suspension caused by your conduct; a later price reduction; or the ending of a bonus or promotion.
23.3 Immediate Digital Delivery
Digital access may begin immediately after purchase. By purchasing an immediately delivered Digital Product, you request that digital performance begin promptly.
Where applicable law gives you a withdrawal or cancellation period that may be lost once digital performance begins, you acknowledge that beginning delivery may affect that right, provided any legally required express consent and acknowledgment were obtained at checkout.
23.4 Statutory Rights
Nothing in these Terms prevents you from exercising a cancellation, refund, or other remedy that cannot lawfully be waived.
24Billing Concerns, Chargebacks, and Payment Disputes
24.1 Contact Us First
Where practicable, you agree to contact us promptly at [email protected] regarding a billing, delivery, access, or service concern and allow a reasonable opportunity to investigate.
This does not limit a legitimate, non-waivable consumer or cardholder right.
24.2 Suspension During a Dispute
If a chargeback, PayPal claim, financing dispute, bank reversal, or other payment dispute is initiated, we may temporarily suspend Account access, Program access, Community access, live services, support, AI Services, submission review, certification processing, certification-mark privileges, and other benefits related to the disputed transaction.
24.3 Evidence
You authorize us to provide relevant evidence to a bank, card issuer, card network, payment processor, PayPal, financing provider, insurer, collection provider, legal adviser, regulator, or dispute administrator.
Evidence may include checkout disclosures, sales-page descriptions, receipts and invoices, signed agreements, payment authorization, Account identity information, login timestamps, IP and device information, portal and lesson access, video progress, downloads, call attendance, Community activity, submitted work, emails, support messages, recordings, transcripts, and evidence of delivery and consumption.
Information will be disclosed only as reasonably relevant and subject to applicable privacy law.
24.4 False Disputes
Knowingly initiating a false, fraudulent, or materially misleading payment dispute is a material breach.
This includes knowingly claiming that a purchase was unauthorized when you made or approved it; Digital Content was not delivered after you accessed or downloaded it; a service was not provided after you attended or used it; a Payment Plan was a cancel-anytime Subscription when the fixed total obligation was clearly disclosed; or the Offering was materially different based on information contradicted by the sales page, checkout, or your usage history.
A payment dispute does not automatically cancel these Terms or extinguish amounts otherwise lawfully owed, except where required by law or finally determined by an authority with jurisdiction.
We may seek payment and reasonable costs caused by a knowingly false dispute only to the extent legally recoverable.
25Accounts, Passwords, and Security
You must provide accurate registration information; use your full verifiable name when requested; keep your password confidential; not share your Account; not permit another person to access paid Content through your Account; notify us promptly of suspected unauthorized access; keep your email and contact information current; and use reasonable security measures.
You are responsible for activity conducted through your Account unless caused by our own breach of a legal duty.
We may require reasonable identity verification and may suspend access while investigating Account sharing, fraud, impersonation, unauthorized access, security incidents, payment disputes, or abnormal usage.
You may request approval to use a public display name different from your verified identity, but we may retain your verified name internally.
26Communities and User Conduct
When using a Community, call, group, comment area, or interactive feature, you must not harass, threaten, intimidate, stalk, abuse, unlawfully discriminate against, or defame another person; deliberately disrupt a group, call, or Program; diagnose another participant; claim medical, psychological, psychic, spiritual, or other authority over them; pressure someone to accept an intuitive interpretation; present subjective impressions as verified facts about another person; send unauthorized marketing or solicitations; harvest participant information; add participants to lists without consent; record or screenshot another person without permission; publish another person's voice, image, story, location, property, or private information; share private Community Content outside the Community; upload malware; attempt unauthorized access; impersonate another person; use a false identity; make dangerous or unlawful recommendations; share login credentials or paid Content; use the Community primarily to promote an unrelated business; or violate another person's intellectual-property, privacy, or contractual rights.
We may moderate, edit, move, restrict, or remove content where reasonably necessary. We may warn, mute, suspend, or remove a user where conduct threatens safety, privacy, learning, platform stability, legal compliance, or Community integrity.
We do not guarantee that every user will comply with these Terms. Share personal information in group environments with care.
27User Content
27.1 Ownership
You retain ownership of original User Content you create, subject to third-party rights and the licence granted below.
27.2 Operational Licence
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, display within the intended Program or Community, transmit, format, moderate, review, annotate, transcribe, summarize, process using approved service providers and AI tools, assess, and use User Content internally.
This licence is limited to operating, delivering, administering, securing, evaluating, supporting, and improving the relevant Offering and our business records.
27.3 Your Responsibilities
You represent that your User Content is accurate to the best of your knowledge; you own it or have permission to submit it; it does not violate another person's rights; you have permission for included images, voices, locations, client information, or property details; it does not contain unlawful, infringing, malicious, or deceptive material; and you have authority to disclose any personal information it contains.
Do not upload unnecessary confidential, medical, psychological, legal, financial, client, or third-party information.
27.4 Internal Improvement
We may use properly de-identified or aggregated patterns, questions, and learnings to improve curriculum, support, AI knowledge materials, and educational examples.
We will not present identifiable User Content as a public testimonial or case study without separate permission.
28Testimonials, Feedback, and Experiences
Testimonials and participant stories describe the experiences of people who have purchased, received, or participated in Frequency Gardening Offerings. Individual experiences vary.
A testimonial is not a promise, warranty, scientific conclusion, or guarantee that another person will receive the same result. Where applicable, we will disclose a material relationship such as gifted participation, compensation, or an affiliate relationship.
We may request separate written permission before publicly using an identifiable testimonial, photograph, video, audio recording, garden image, personal story, case study, name, or likeness.
General feedback, ideas, and suggestions may be used to improve our Offerings, but we will not publicly attribute private feedback to you without permission.
29Intellectual Property
29.1 Ownership
All Sites, Content, Offerings, Program Materials, curricula, recordings, frameworks, methods, assessments, prompts, AI knowledge materials, graphics, logos, names, marks, and designs are owned by or licensed to the Company unless expressly stated otherwise.
Protected materials include written lessons, videos, audio, calls, recordings, transcripts, summaries, downloads, PDFs, charts, diagrams, activation instructions, worksheets, assessments, course structures, frameworks, methods, photographs, graphics, branding, trade dress, the Frequency Gardening™ name, the Certified Frequency Gardener name and mark, and FrequencyGardening.AI instructions and knowledge materials.
Purchasing or accessing an Offering does not transfer ownership.
29.2 Limited Licence
Subject to payment and compliance, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the purchased or free Content for the personal or expressly authorized purpose of that Offering.
29.3 Prohibited Uses
Without prior written permission, you may not copy, reproduce, share, sell, license, sublicense, rent, or distribute Content; share your Account or login; upload recordings or files publicly; record live calls; publish transcripts; reproduce official charts, diagrams, worksheets, or lessons for clients; create derivative courses, workshops, memberships, or certifications; train or certify others using our curriculum; translate or adapt Program Materials for distribution; remove proprietary notices; frame or mirror a Site; scrape or systematically download Content; use Content to build a competing business resource; use Frequency Gardening in a business name, domain, handle, product, course, workshop, certification, or membership without written permission; imply employment, agency, partnership, sponsorship, or endorsement; use our marks in paid advertising without permission; or use Content beyond the licence granted for the Offering.
29.4 AI and Dataset Restrictions
You may not upload, transmit, or supply Program Materials to a third-party AI model, custom chatbot, model-training dataset, retrieval database, vector database, public knowledge repository, competing assistant, course-generation system, or any system intended to reproduce, summarize, imitate, benchmark, or compete with our Content.
You may not use our Content to train, fine-tune, benchmark, reverse engineer, or develop an AI model, database, course, certification, or competing educational system.
Limited use of Content inside an AI Service expressly provided or approved by us is permitted only within that tool's intended functions.
30FrequencyGardening.AI and Other AI Services
30.1 Nature of FrequencyGardening.AI
FrequencyGardening.AI is a customized GPT hosted through ChatGPT and OpenAI, or another identified third-party AI platform.
It is an educational support tool and not a human instructor, licensed professional, medical or psychological provider, veterinarian, lawyer, financial adviser, engineer, professional agrologist, pesticide adviser, emergency service, or substitute for site-specific professional assessment.
30.2 AI Output Limitations
AI output may be incorrect, incomplete, outdated, fabricated, inconsistent, repetitive, biased, legally unsuitable, unsafe for a particular application, or similar to output provided to another user.
You are solely responsible for reviewing output, verifying facts, checking local laws, evaluating safety, obtaining professional advice, and deciding whether and how to use it.
You must not rely on AI output as the sole basis for medical, psychological, psychiatric, veterinary, legal, financial, tax, electrical, engineering, pesticide, emergency, or other high-impact decisions, or for accusations or factual claims about another person.
30.3 Third-Party Hosting
AI Services depend on third-party systems we do not fully own or control. We do not guarantee continuous availability, a particular model or feature, accuracy, compatibility, response speed, data-retention practices, continued access through a particular account type, or continued operation by the provider.
Use may also be governed by the third-party provider's terms and privacy policy. We may modify, replace, restrict, or discontinue an AI Service.
30.4 Information Submitted to AI
Do not submit passwords, payment credentials, government identification numbers, medical records, confidential client information, trade secrets, private information about another person, information you do not have authority to disclose, or information that could create a safety or legal risk.
Your use is subject to our Privacy and Cookie Policy and the applicable third-party provider's policies.
31Educational and Experimental Nature
All Content and Offerings are educational, informational, experiential, and exploratory.
Frequency Gardening draws from gardening, ecology, electroculture, permaculture, biodynamic history and practices, traditional knowledge, personal experience, independent research, observation, intuitive and perceptual practices, frequency-oriented theories, and spiritual, philosophical, historical, alternative, or non-mainstream frameworks.
Some concepts may not be accepted, validated, or recognized by mainstream scientific or professional institutions. Including a concept in an Offering does not establish that it is scientifically proven, professionally approved, universally accepted, or suitable for every circumstance.
Our facilitators and creators are educators sharing experience, research, observations, frameworks, and personal perspectives. Unless expressly stated otherwise, they are not acting as licensed professionals in the regulated fields described below.
32No Professional Advice or Relationship
Nothing provided through a Site or Offering constitutes medical advice, diagnosis, treatment, psychological or psychiatric advice, therapy, counselling, trauma treatment, veterinary advice, legal advice, financial, investment, accounting, or tax advice, electrical, mechanical, structural, civil, or other engineering advice, building or construction advice, professional agricultural or agronomic advice, pesticide or regulated pest-control advice, environmental assessment, geological or hydrological assessment, emergency or crisis support, or another regulated professional service.
No doctor-patient, therapist-client, veterinarian-client, lawyer-client, engineer-client, fiduciary, or other licensed professional relationship is created.
You must consult an appropriately qualified professional for advice specific to your health, animals, property, finances, legal position, installation, or regulated activity.
33Personal Health, Breathwork, and Well-Being
Offerings may include or discuss breathwork, embodiment, sensory awareness, nervous-system concepts, emotional experiences, personal health, well-being, and personal experiences shared by facilitators or participants.
Facilitators may share educational observations or non-clinical suggestions based on their experience and research. They do not diagnose you, assess your medical or psychological fitness, prescribe treatment, direct you to stop medication or abandon professional care, guarantee healing or therapeutic results, or assume responsibility for your health decisions.
Participation is voluntary. You are responsible for assessing your capacity, modifying or stopping an activity, seeking licensed professional advice, and obtaining emergency help when appropriate.
If an activity causes distress, pain, disorientation, or destabilization, stop participating.
34Intuition, Dowsing, Nature Communication, and Extrasensory Experiences
Offerings may discuss or include practices described as nature communication, land communication, dowsing, clairvoyance, third-eye awareness, extrasensory perception, subtle-field perception, energetic awareness, land consciousness, intuitive impressions, or messages from plants, nature, or land.
These terms are presented within subjective, experiential, traditional, philosophical, spiritual, historical, or non-mainstream frameworks.
We do not guarantee the origin, accuracy, objective reality, scientific validity, predictive value, or spiritual meaning of an impression, or the development of psychic or extrasensory ability.
An intuitive, dowsed, clairvoyant, energetic, spiritual, or AI-generated impression is not a diagnosis, command, verified evidence, professional opinion, legal conclusion, safety inspection, substitute for ordinary observation, or substitute for professional advice.
Do not use a subjective impression to accuse, diagnose, threaten, or control another person; make factual claims about another person's health, motives, thoughts, conduct, or spiritual state; or make a high-impact decision without other appropriate evidence and advice.
If an exercise causes distress, intrusive thoughts, disturbing sensory experiences, disorientation, or difficulty distinguishing an exercise from everyday reality, stop and seek qualified licensed support or emergency assistance as appropriate.
35Humans and Animals
Our central focus is plants, gardens, soil, water, land, and ecological systems.
We acknowledge that some individuals independently explore radionics, dowsing, frequency-oriented methods, biodynamic practices, intuitive frameworks, or energetic tools in relation to humans or animals.
Facilitators may discuss historical examples, personal experiences, research, or general educational information related to such uses. That discussion is not medical advice, psychological advice, veterinary advice, diagnosis, treatment, a cure claim, or authorization to alter professional care.
We do not authorize a participant or Certified Frequency Gardener to diagnose or treat a human or animal unless that person is separately qualified, licensed, insured, and clearly acting under that separate authority.
Any independent application involving a human or animal is undertaken under the user's own legal, ethical, safety, and professional responsibility.
36Animal, Insect, and Biological Materials
Offerings may discuss historical or contemporary practices involving animal-derived, insect-derived, biological, plant, mineral, compost, or specimen-based materials.
You are not required to use animal-derived or insect-derived materials.
If you independently choose to use them, you are responsible for lawful and ethical sourcing, animal-welfare rules, protected-species laws, permissions, sanitation, disease and biosecurity precautions, storage, handling, disposal, environmental impacts, and applicable agricultural and health regulations.
We do not direct you to harm or kill an animal or insect and do not provide veterinary, pesticide, biosecurity, or regulated agricultural advice.
37Land-Based Activities, Electroculture, and Installation Safety
Offerings may discuss or demonstrate gardening, outdoor labour, digging, tools, wire, copper, rods, antennas, coils, magnets, grounding or earthing components, earth batteries, structured-water tools, minerals, paramagnetic materials, biodynamic preparations, and experimental or unconventional devices and installations.
This is educational Content based on our experience, observations, and research. It is not a site inspection, engineering plan, electrical design, legal approval, or professional certification.
These activities may involve injury, sharp objects, tripping or impalement hazards, lifting, uneven terrain, weather exposure, lightning, storms, corrosion, material failure, wildlife, children, pets, livestock, underground utilities, overhead electrical lines, fire, water and electrical interaction, property damage, crop loss, or environmental effects.
You are solely responsible for deciding whether an activity is appropriate; inspecting your site; identifying hazards; locating underground utilities before digging; maintaining safe clearance from overhead lines; avoiding mains-voltage or regulated electrical work unless properly licensed; following manufacturer instructions; obtaining professional installation or inspection where required; complying with building, electrical, environmental, agricultural, water, wildlife, land-use, and other laws; obtaining permits and landowner permission; protecting children, visitors, animals, neighbours, and the public; maintaining and removing installations; and carrying suitable insurance.
Do not treat our experience or research as the law, an applicable code, or a substitute for local professional advice.
38External Property
Before conducting an activity on land you do not own or legally control, you must obtain authorization from the appropriate owner, landlord, tenant, steward, client, municipality, strata or homeowners association, or governing body.
Permission should cover, where relevant, access, digging, installation, leaving materials on site, photography, data collection, sample collection, and publication of property information.
You are responsible for lease and strata compliance, neighbour relations, restoration, removal, damage, complaints, fines, disputes, and all site-specific legal requirements.
39No Guarantee of Results
We do not guarantee agricultural results, crop yield, plant recovery, pest reduction or elimination, soil improvement, water improvement, ecological restoration, environmental change, energetic effects, intuitive development, clairvoyance or extrasensory ability, spiritual awakening, personal healing, emotional change, health improvement, business success, income, employment, client acquisition, certification, completion, or any other particular outcome.
Results vary because of climate, weather, geography, soil, plant variety, land history, pests, water, installation, materials, skill, participation, interpretation, legal restrictions, third-party conduct, personal circumstances, and numerous environmental and unknown variables outside our control.
40Recordings, Transcripts, and AI Notes
Group teaching, support, question-and-answer, workshop, Community, and Program calls may be audio or video recorded, transcribed, summarized, processed using AI tools, and posted in a participant portal.
Your displayed name, voice, image, chat messages, questions, and contributions may appear in member-only recordings or notes.
You may generally keep your camera off unless visual participation is reasonably required for identity verification, an assessment, or a specifically disclosed activity.
Private calls may also be recorded, transcribed, summarized, or processed with AI for internal service delivery, note-taking, training, quality assurance, safety, recordkeeping, legal compliance, and dispute handling.
Private recordings will not be used publicly without separate consent unless disclosure is required by law.
You must not record, copy, download, screenshot, or distribute a call unless we expressly permit it.
41Third-Party Platforms and Links
We may use or link to Kajabi, OpenAI and ChatGPT, Zoom or another video platform, Stripe, Kajabi Payments, PayPal, banks, financing providers, crypto wallets or payment services, Community applications, email providers, e-signature providers, cloud storage, analytics services, and social-media platforms.
Third-party services are governed by their own terms and privacy policies.
We do not control and are not responsible for third-party outages, platform changes, Account restrictions, external content, external security incidents outside our reasonable control, third-party pricing, third-party data practices, purchases made from another business, or continued availability of a third-party feature.
A link does not necessarily mean that we endorse every statement, product, service, or practice on the linked site.
42Privacy
Our collection, use, storage, processing, and disclosure of personal information are governed by the Frequency Gardening Privacy and Cookie Policy.
We may use service providers located in Canada, the United States, or other countries. Personal information may be subject to lawful access under the laws of those jurisdictions.
We may retain records reasonably required for delivering Offerings, managing Accounts, processing payments, administering Programs, certification, tax and accounting, fraud prevention, chargeback responses, legal compliance, intellectual-property protection, safety, business administration, and dispute resolution.
Do not submit unnecessary sensitive information through a Site, Community, call, form, or AI Service.
43Marketing Communications
Where permitted by law, we may send purchase confirmations, Account notices, Program communications, billing notices, security notices, legal notices, service announcements, and marketing emails where you have consented or another lawful basis applies.
Transactional and service communications may still be sent when necessary to deliver a purchase, even if you opt out of promotional marketing.
Marketing communications will include an unsubscribe method where required. Unsubscribing from marketing does not cancel a purchase, Payment Plan, Subscription, Program, Account, or legal notice.
44Prohibited Uses
You may not use a Site or Offering for an unlawful purpose; to violate another person's rights; infringe intellectual property; scrape or harvest information; interfere with security; upload malware; gain unauthorized access; impersonate another person; make knowingly false or misleading statements; resell access; circumvent a paywall; avoid payment; manipulate payment systems; initiate fraudulent disputes; create a competing course, certification, dataset, or AI system from our Content; harass or harm another person; publish private participant information; conduct deceptive or unethical business activity; make unauthorized health, professional, or certification claims; or otherwise damage the Sites, Offerings, Company, participants, or public.
45Suspension and Termination
We may suspend or terminate access for non-payment, Account sharing, fraud, security risk, harassment, threats, unlawful conduct, intellectual-property infringement, false submissions, AI misuse, repeated disruption, misuse of a certification title or mark, unauthorized professional claims, or another material breach.
Where reasonable, we will provide notice and an opportunity to correct the issue. We may act immediately where reasonably necessary for safety, fraud prevention, legal compliance, privacy, platform security, protection of participants or third parties, intellectual-property protection, or payment-dispute management.
Suspension or termination does not eliminate payment obligations already incurred, intellectual-property restrictions, confidentiality obligations, certification-mark restrictions, disclaimers, liability terms, indemnification duties, or provisions intended to survive.
46Honest Reviews and Confidential Information
Nothing in these Terms prevents you from giving an honest review, describing your own experience, seeking legal or professional advice, reporting suspected unlawful conduct, contacting a regulator, or participating in a legal proceeding.
You may not use a review, complaint, or disclosure to publish another participant's private information; reproduce protected Content; share assessment keys or private recordings; disclose trade secrets; make knowingly false statements; or violate a lawful confidentiality obligation.
47Assumption of Risk
You voluntarily assume the ordinary and inherent risks associated with digital participation, technology, AI output, group interaction, breathwork, emotional and perceptual exercises, intuitive interpretation, outdoor work, tools, installations, weather, wildlife, animal, insect, or biological materials, External Property, independent implementation, client work, and your interpretation or application of educational Content.
Participation is voluntary and self-directed. You are responsible for determining whether a practice is appropriate for your health, emotional condition, property, skills, equipment, jurisdiction, business, and circumstances.
48Disclaimer of Warranties
Subject to any right that cannot lawfully be excluded, the Sites, Offerings, Content, Programs, Digital Products, recordings, Communities, support, assessments, Subscriptions, and AI Services are provided “as is” and “as available.”
To the maximum extent permitted by law, we disclaim express and implied representations, warranties, and conditions concerning accuracy, completeness, currency, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, uninterrupted availability, error-free operation, durability, results, certification, continued platform operation, correction of every error, and suitability for your circumstances.
No oral or informal statement creates a warranty unless expressly included in a written contract accepted by the Company.
49Limitation of Liability
To the maximum extent permitted by law, the Company and its current and former directors, officers, employees, instructors, facilitators, guest experts, mentors, reviewers, support personnel, contractors, subcontractors, volunteers, agents, representatives, affiliates, successors, and permitted assigns will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profit, revenue, opportunity, clients, goodwill, or data; crop, plant, property, land, or environmental loss; substitute-service costs; third-party conduct; platform outages; AI output; independent practitioner activity; your application or misapplication of Content; or losses arising from crypto volatility or user transfer errors.
To the maximum extent permitted by law, our total aggregate liability arising from or relating to a particular Offering, purchase, or these Terms will not exceed the amount you actually paid to us for the Offering giving rise to the claim.
This limitation does not apply where applicable law prohibits the limitation.
50Release
To the maximum extent permitted by law, you release and discharge the Company and its directors, officers, employees, instructors, facilitators, guest experts, contractors, reviewers, representatives, affiliates, successors, and permitted assigns from claims arising from your voluntary participation; self-directed activities; choices; installations; use or misuse of tools or materials; work on External Property; independent client services; reliance on subjective impressions or AI output; activity outside an authorized scope; use of third-party platforms; or crypto transfer errors made by you.
This release includes claims based on ordinary negligence.
It does not apply to fraud, wilful misconduct, gross negligence where it cannot lawfully be excluded, or liability that applicable law prohibits the parties from excluding.
51Indemnification
You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, instructors, facilitators, contractors, representatives, affiliates, successors, and permitted assigns from third-party claims and related Losses arising from your breach of these Terms; unlawful conduct; negligence; unsafe installation; intellectual-property infringement; unauthorized use of a Company name or mark; false or misleading public claim; independent client work; unauthorized disclosure; work on third-party property; independent application involving a human or animal; User Content that violates another person's rights; or your business activities.
This indemnity does not require you to indemnify a protected party for that party's fraud, wilful misconduct, or liability that cannot lawfully be transferred.
52Force Majeure
We are not liable for delay or failure caused by circumstances beyond our reasonable control, including natural disaster, wildfire, flood, severe weather, epidemic, public-health event, war, civil unrest, government action, labour disruption, instructor illness or incapacity, power or telecommunications failure, cyberattack, platform outage, payment-network failure, blockchain congestion, or third-party service interruption.
We may reasonably reschedule, substitute delivery, replace an instructor, migrate platforms, suspend affected obligations, extend a deadline, or provide a substantially equivalent service.
If a material purchased service becomes permanently unavailable, we will provide any remedy required by applicable law.
53Governing Law and Forum
Subject to any mandatory right, protection, or forum available under applicable law, these Terms are governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia.
Where legally permitted, the parties submit to the courts of British Columbia.
Nothing in this section prevents a consumer from using a forum or remedy that applicable law does not permit the parties to exclude.
54Informal Resolution and Voluntary Mediation
A person with a concern is encouraged to contact us in writing and allow a reasonable opportunity for good-faith informal resolution.
After a dispute arises, the parties may voluntarily agree in writing to mediation or another dispute-resolution process.
These Terms do not impose mandatory pre-dispute arbitration or mediation and do not prevent participation in a class proceeding or restrict a legally available court, regulatory, consumer, or statutory remedy.
55Changes to These Terms
We may update these Terms for legal and regulatory changes, security requirements, platform changes, technology changes, new Offerings, administrative improvements, or reasonable business changes.
The effective or last-updated date will be revised.
For existing purchases, we will not retroactively impose a material change to the total purchase obligation, refund rights, essential purchased services, liability allocation, completed certification requirements, certification status, or non-waivable consumer rights.
Direct notice and consent will be provided where required by law. Changes may apply immediately to future purchases and future use after the stated effective date.
56Assignment
You may not transfer or assign these Terms, your Account, a Program seat, a Payment Plan, a Subscription, certification status, a licence to use Company Content or marks, or a private-call entitlement.
We may assign these Terms to a bona fide successor, purchaser, affiliate, or service provider as part of a reorganization, merger, sale, or business transfer, subject to any legally required notice or consent.
57No Employment, Partnership, or Agency
Nothing in these Terms creates employment, partnership, joint venture, franchise, agency, fiduciary relationship, or authority to bind the Company.
A participant, customer, or Certified Frequency Gardener operates independently and may not enter an agreement, incur an obligation, or make a representation on behalf of the Company.
58Severability
If a provision is found unlawful, invalid, or unenforceable, it will be limited or severed to the minimum extent necessary. The remaining provisions will remain effective.
59No Waiver
A delay or failure to enforce a provision does not waive the right to enforce it later. A waiver must be express and in writing. A waiver concerning one event does not waive a later event.
60Entire Agreement
These Terms and the documents incorporated under Section 3 form the entire agreement concerning the applicable Offering.
They replace prior or contemporaneous discussions, messages, statements, and proposals concerning the same subject, except for an express written amendment signed or accepted by us, an offer-specific written commitment incorporated into the purchase, or a right that cannot lawfully be excluded.
No ambiguity will automatically be interpreted against a party merely because that party drafted the document.
61Survival
Outstanding payment obligations, intellectual-property restrictions, certification-mark restrictions, confidentiality, privacy and recordkeeping permissions, AI and dataset restrictions, disclaimers, assumption of risk, release, limitation of liability, indemnification, governing law, dispute provisions, and any clause that by its nature should survive remain effective after completion, cancellation, expiration, suspension, termination, withdrawal, or revocation.
62Electronic Communications and Signatures
You consent to receive purchase confirmations, receipts, payment notices, Account notices, Program communications, security notices, legal notices, and contract copies electronically at the email address associated with your Account or purchase.
Electronic records, clickwrap acceptance, electronic signatures, electronic delivery, and counterparts have the same effect as paper records and handwritten signatures to the extent permitted by law.
You are responsible for keeping your email address current and checking spam, junk, promotions, and filtered folders.
63English Language
The English-language version of these Terms controls if a translation differs, except where applicable law requires otherwise. Translations may be provided for convenience only.
64Contact Information
Questions about these Terms, purchases, access, billing, cancellations, or Frequency Gardening Offerings may be sent to:
New Earth Era Inc.
Care of Mr. Madden
16278 BC-3A
Crawford Bay BC V0B 1E0
Canada
Email: [email protected]