Terms of Use Agreement
https://totalyou.us/ is a website (“site”) operated by Raising Perception LLC for itself (hereinafter, “Raising Perception”, “we”, “us” or “our”). Raising Perception is a registered Texas Corporation. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide at our site without notice. This Website is intended to provide information and services for Customer’s (hereinafter, “Customer”, “Participant”, “you”, “your” or “visitor”) your personal use. Raising Perception grants you a personal, non-exclusive, non-transferable, limited and revocable license to use totalyou.us subject to this Terms of Use Agreement (“Agreement”). You may use Raising Perception’s website and information acquired from Raising Perception’s website for your own personal, non-commercial, and lawful purposes. By using this site, you hereby agree to the terms and conditions set forth herein. We reserve the right, in our sole discretion to modify, add, or remove portions of this Agreement at any time, without notice. It is your responsibility to visit the Terms of Use Agreement link at the bottom of the Website’s home page periodically to review the most current terms and conditions. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Website. Unless otherwise indicated, such changes will become effective immediately. From time to time, we may restrict access to some parts of our site, or our entire site to users who have registered with us. You are responsible for keeping your password and account information related to this site confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion, you have failed to comply with any of the provisions of this Agreement.
CUSTOMER REPRESENTATIONS AND WARRANTIES
This website is intended for use only by Customers of legal age to enter into an agreement. You represent and warrant that you are at least 18 years of age and of legal competence to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You represent and warrant that any information you provide via the website or email is true and accurate to the best of your knowledge.
INTELLECTUAL PROPERTY
Raising Perception LLC is the owner or licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any materials contained on our website for any commercial purpose without obtaining a license from our licensors. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Raising Perception LLC.
INDEMNIFICATION AND RELEASE
You hereby indemnify, defend, and hold Raising Perception and its affiliates, owners, parents, partners, subsidiaries, franchisees, officers, directors, contractors, subcontractors, attorneys, guests and employees (collectively, “the Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, expenses or costs whatsoever (including attorney’s fees) for any loss which arise out of (i) this Agreement, (ii) this site or the content contained herein, (iii) third party sites, (iv) communications, or (v) transactions or activity relating to this site.
By using this site, you and (if applicable) each of your respective officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, trustees, successors and assigns hereby fully and forever release and discharge the Indemnified Parties from any and all Claims, whether or not caused by the negligence of any of the Indemnified Parties whether now known or suspected.
The foregoing does not affect Raising Perception’s liability for death or personal injury arising from our gross negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
Disclaimer of Warranties and Limitation of Liability
All material is provided for informational, educational and entertainment purposes only, with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with Customer. We will not be liable if for any reason our site is unavailable at any time, for any duration.
Customer acknowledges and agrees that the use of the Raising Perception site or material is at their own risk and discretion. The Customer assumes sole responsibility for any loss of or damage to their data, software, computer systems, other technology or adverse operational impacts resulting from such use.
IN THE EVENT RAISING PERCEPTION IS FOUND LIABLE TO CUSTOMER FOR ANY REASON, RAISING PERCEPTION’S LIABILITY ARISING OUT OF OR RELATED IN ANY WAY WHATSOEVER TO THIS AGREEMENT, SHALL NOT EXCEED IN THE AGGREGATE THE TOTAL FEES PAID OR OWED BY CUSTOMER HEREUNDER DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM (SUCH AMOUNT BEING INTENDED AS A CUMULATIVE CAP AND NOT PER INCIDENT AND AS A LIMITATION OF RAISING PERCEPTION’S LIABILITY).
PRIVACY POLICY
Consistent with our “privacy policy” you consent to our processing of personally identifiable information (“PII”). By using our site, you consent to such processing and warrant that data provided by you is accurate.
NOTICES
All notices, consents, and other communications between the parties under or regarding this Agreement must be in writing (which includes email and facsimile) and be addressed according to information provided. All communications will be deemed to have been received on the date actually received. Either party may change its address for notices by giving written notice of the new address to the other party.
VIRUSES, HACKING AND OTHER OFFENCES
As a visitor to our site, you understand that you are not permitted to knowingly introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, our server or computer or database connected to our site. Any attack on our server could constitute a criminal offense under the Computer Misuse Act of 1990. Raising Perception will report any such breach to appropriate law enforcement authorities. Should you breach any of these policies, your right to use our site will cease immediately.
UNLAWFUL OR PROHIBITED USE
The site may only be used for lawful purposes in accordance with these terms of use. As a condition of your use of this site, you represent and warrant that you will not use the site for any purpose that is unlawful or prohibited by these terms of use. Whether on behalf of yourself or on behalf of any third party, you are prohibited from:
– using the Website for any unlawful, unauthorized, fraudulent, or malicious purpose or engaging in activities that would violate any applicable local, state, national, or international law or regulation;
– using the Website in a method that could damage, disable, overburden, or impair any server, or any network connected to a server;
– disrupting, modifying, tampering with or interfering with the Website and its content and information, others’ use of the Website, or the Website’s associated software, hardware, and servers in any way;
– accessing materials, systems, data, or information not intended by Raising Perception to be accessible to you or through any means not intentionally made available by Raising Perception; or
– distributing, modifying, transmitting, reusing, reposting, copying or using the content of this website for public or commercial purposes, including the text, images, audio, and video, without Raising Perception’s prior written permission.
TERMINATION OF USE
Raising Perception reserves the right to take any lawful action Raising Perception deems appropriate in response to any actual or suspected violations of the terms of use, including but not limited to the suspension or termination of a user’s access to the Website. Raising Perception may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Privacy Policy, we reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law. The restrictions imposed on you with respect to material downloaded from the site, and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any termination or expiration of this Agreement. All other rights and obligations shall be of no further force or effect.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)
Raising Perception makes no guaranty of confidentiality or privacy of any Communications or information transmitted on this site or any website linked to this site. Raising Perception will not be liable for the privacy of Communications and/or any other information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site.
By providing your phone number, you agree to receive text messages from Raising Perception. Message and data rates may apply. Message frequency varies.
DISPUTE RESOLUTION
This Agreement shall be construed and enforced pursuant to the laws of the State of Texas. You hereby agree that any dispute, claim or controversy arising out of this Agreement or breach thereof will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in Houston, Texas, in accordance with the Commercial Arbitration Rules.
GENERAL PROVISIONS
Raising Perception updates its website regularly, and reserves the right to change the content at any time. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement, all terms of use, exhibits, annexes and addenda hereto and thereto is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words “hereof,” “hereby,” “herein,” “hereto,” and “hereunder” and words of similar import shall refer to this Agreement as a whole and not to any particular Section or paragraph of this Agreement; (ii) the words “include,” “includes” or “including” are deemed to be followed by the words “without limitation;” and (iii) derivative forms of defined terms will have correlative meanings.
Suitability
All material is provided for informational, educational and entertainment purposes only. Each prospective Participant is responsible to have reviewed the course description presented on the Total You website; and, understand the scope of content to ensure they are physically, mentally and emotionally capable of participating in the Online Course. The Online Course will provide you the opportunity to investigate your personal behavior patterns, which may prove mentally and/or emotionally challenging. Course participation is forbidden to anyone who has been hospitalized for a mental disorder or psychiatric care.
Booking
Booking may be accomplished online through totalyou.as. Following payment confirmation, an email will be sent confirming the booking, providing the attendance schedule and other applicable information.
Payment
Online Course fee payment is to be made in full through the booking mechanism provided on the Total You website. For further information please see the 'Cancellation by Participant' and the 'Cancellation by Raising Perception LLC' statements below.
Travel and Additional Materials
The course/event fee does not include Participant’s personal costs, if any, including but not limited to food, travel, lodging, notebooks, or other supplies and materials.
Cancellation by Participant
Should you desire to cancel your participation in a Raising Perception LLC online course, the cancellation request must be in writing and must be made within 15 days from the date of payment to receive a refund. A refund is subject to the following criteria: (1) If the course is cancelled before any course material is received by Participant, a full refund will be made (minus a 3% administration fee, applicable processing fees and exchange rate fees); (2) If the first installment of course material is received by the Participant, a 75% refund will be made; (3) If two installments of course material are received by the Participant, a 50% refund will be made; (4) a 10% refund will be made to the Participant if more than two and less than five course material instalments are received.
Cancellation by Raising Perception LLC
If Raising Perception LLC postpones an Online Course, a reasonable effort will be made to reschedule the Online Course. If scheduling a make-up event is not feasible, in the sole determination of Raising Perception LLC, a full refund of the Online Course fee received by Raising Perception LLC will be provided to the individual who made the original payment. If this alternative Online Course date is not convenient to the Participant, then a full refund of the Online Course fee received by Raising Perception LLC will be provided to the individual who rendered the original payment. In no event, shall Participant’s reimbursement exceed the fee paid for the specific online course.
Confidentiality
Each Online Course offered by Raising Perception LLC provides the Participant the opportunity to focus on and talk about private personal information. Therefore, it is important for each Participant and the host(s) to respect the confidentiality of each other, and to behave with the utmost respect toward one another, both Participant and the host(s) alike. Raising Perception LLC reserves the right to ask you to leave the Online Course and cancel your membership at any time if your behavior, in the sole determination of Raising Perception LLC, becomes disruptive and incompatible with the running of the Online Course. In the event that a Participant is asked to leave, Participant forfeits any and all fees paid to Raising Perception and no refund or other compensation will be reimbursed to Participant.
Online Course Material
All course material will be made available upon purchase of the Total You online one-off membership. This membership will facilitate access to the online course material consisting of seven sections to be completed in chronological sequence. Therefore, it is important to make sure that you can commit a few hours each day for a minimum of seven days.
Online Course Time Requirement
The Total You online course material is designed to be experienced in a chronological sequence; exploring each of the 7 Western Chakras as the energy of each chakra expands horizontally through its respective position and then vertically up the spine. This experience duplicates an ancient construct, the energies are meant to progress in this manner, the energy of the one chakra feeds vertically into the next chakra conveying energy vertically up the spine.
The Total You online program is based on a seven-section course. Each section of the seven-section online program is anticipated to require approximately three hours of commitment to complete. Each section is available for a maximum of three calendar days. The release of the material is designed to provide sufficient time for the Participant to complete the section; and, ensure the sections are undertaken in the desired chronological order. Each section begins with Instructions, followed by a Focus Session Video and finalizes with an Information/Energy video. You may experience each section whenever you wish within the section’s available time period. Once you have completed one section, you can then progress to the next section when it is available. Raising Perception LLC does not take any responsibility for any material missed by the Participant in the allocated time frame for any reason.
The Remote Control Color Bulb Required For The Focus Session
Each day a different color is needed for the Focus Session. The relevant color will be indicated at the beginning of the Focus Session, you may wish to press pause while you select the bulb color. You can purchase a bulb from Amazon, eBay or other online outlets. This is an example below:
Personal Support for the Total You Online Program
1. Scheduling, and payment if applicable, for Personal Support Session is performed using an online booking system on this website. Times and dates are subject to availability. Raising Perception reserves the right to cancel these appointments without notice and would be grateful for a minimum of 24 hours’ notice of cancellation from a course Participant.
2. Each course Participant will receive a choice of up to five complimentary consultations included as part of the on-line course fee.
3. Complimentary consultations must be utilized within 60 calendar days following full payment of the online course fee.
4. Each complimentary consultation will last a maximum of 50 minutes. The slot will terminate at the end of the online call regardless of duration.
5. Video call is preferred but phone call is also acceptable. Contact to be made via Zoom, Skype, Signal, FaceTime or another mutually agreeable mechanism.
6. Time slots will be GMT-5 based. Time slots will be first come first served; and, may be scheduled as soon as the online course fee has been paid in full.
7. If additional Personal Support Sessions are desired, each will be charged at $90.00 per 50 minutes, limited to a maximum of three per individual, and be limited to online course material. Raising Perception LLC reserves the right to decline this extra service for any reason without prior notice.