KAREN LITZY PHYSICAL THERAPY PLLC
SHOPPING CART AGREEMENT
By agreeing to the below terms, you agree to a binding agreement between You (herein
referred to as “Customer”) and Karen Litzy Physical Therapy PLLC, and
www.healthywealthysmart.com (herein collectively referred to as “Company” “We” or
“Us”), (each party collectively as “Parties”), in consideration of the mutual promises
Company agrees to provide services of organizing the Women in PT Summit (herein
referred to as “Product”). Customer agrees to abide by all policies and procedures as
outlined in this agreement as a condition of their participation in the Product.
The Product may include opinions, advice, statements, materials, presentations, data,
images, videos, documentation and other information (collectively, “Materials”)
expressed or otherwise shared by presenters whom the Company has invited to
participate. The Materials are for informational purposes only, and the statements, views
and opinions expressed at any presentation or in any Materials are those solely of the
presenter and not of the Company. Further, the Company does not endorse or recommend
any presenter, promoter, investment advisor, strategy, company or any views mentioned
at the Product or in the Materials. Under no circumstances, will the Company (or its
directors, officers, employees, or agents) be liable for the accuracy, quality or reliability
of any of the presentations or Materials, any defamatory, offensive, or illegal conduct of
presenters, or any direct, indirect, incidental, special or consequential damages arising
from any presentations or Materials.
The Materials do not constitute medical advice, recommendations or solicitations to
purchase or sell any service mentioned therein or at any conference. Karen Litzy is not a
doctor, registered dietician, or psychotherapist. The information obtained from the
Product will not treat or diagnose any disease, illness, or ailment and if you should
experience any such issues you should seek the advice and examination of your
registered physician or practitioner as determined by your own judgment. Karen Litzy,
the individual, and Karen Litzy Physical Therapy PLLC assume no liability for the use or
interpretation of any information obtained from the Product.
Product is an in person conference approximately eight (8) hours in length to be held on
November 4, 2016 in New York City.
Total price of this Product is student rate: $149.00, Early Bird rate: $299.00, Summit
Rate: $399.00 Dollars.
METHODS OF PAYMENT
Customer must pay through PayPal.
Customer is responsible for full payment of fees for the Product. Customer understands
that fees are non-refundable.
COMMUNICATION WITH COMPANY
For questions regarding the Product, please email: email@example.com as it
is the exclusive Customer email address.
The Company respects Customer’s privacy and insists that Customer respects the
Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential
Information shared by any representative of the Company is confidential, proprietary, and
belongs solely and exclusively to the Party who discloses it. Both Parties agree not to
disclose, reveal or make use of any Confidential Information or any transactions, during
discussions, calls or otherwise.
Customer agrees not to use such confidential information in any manner other than in
discussion with the Company. Confidential Information includes, but is not limited to,
information disclosed in connection with this Agreement, and shall not include
information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the
best efforts to safeguard the Confidential Information and to protect it against disclosure,
misuse, espionage, loss and theft.
Further, Customer agrees that if they violate or display any likelihood of violating this
section the Company will be entitled to injunctive relief to prohibit any such violations to
protect against the harm of such violations.
NON-DISCLOSURE OF COMPANY MATERIALS
Material given to Customer for use of the Product is proprietary, copyrighted and
developed specifically for Company. Customer agrees that such proprietary material is
solely for Customer’s own personal use. Any disclosure to a third party is strictly
NO TRANSFER OF INTELLECTUAL PROPERTY
Company's Product is copyrighted and the original materials that have been provided to
Customer are for Customer's individual use only and a single-user license. Customer is
not authorized to use any of Company’s intellectual property for Customer's business
purposes. All intellectual property, including Company's copyrighted Product and/or
course materials, shall remain the sole property of the Company. No license to sell or
distribute Company's materials is granted or implied.
Further, by signing below, Customer agrees that if Customer violates, or displays any
likelihood of violating, any of Customer’s agreements contained in this paragraph, the
Company will be entitled to injunctive relief to prohibit any such violations and to protect
against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture
alliance, or any other similar relationship. Each party shall be an independent
contractor in its performance hereunder and shall retain control over its personnel and
the manner in which such personnel perform hereunder. In no event shall such
persons be deemed employees of the other party by virtue of use or performance
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this
agreement and for a period of twelve (12) months after termination, directly or indirectly,
employ, engage, contract with or in any other way utilize or solicit or make any offers for
the services of any of the other party's employees, contractors or other personnel without
expressed written permission from Company.
In the event that any cause beyond the reasonable control of either Party, including
without limitation acts of God, war, curtailment or interruption of transportation facilities,
threats or acts of terrorism, State Department travel advisory, labor strike or civil
disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable
increased costs or risk of injury, for either Party to perform its obligations under this
Agreement, the affected Party’s performance shall be extended without liability for the
period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the
remaining provisions shall nevertheless continue in full force. The failure of either Party
to exercise any right provided for herein will not be deemed a waiver of that right or any
further rights hereunder.
This Agreement constitutes and contains the entire agreement between the parties with
respect to its subject matter, supersedes all previous discussions, negotiations, proposals,
agreements and understandings between them relating to such subject matter.
1) LIMITATION OF LIABILITY. Customer agrees Company’s Product is only an
educational use. Customer releases Company, its officers, employers, directors, and
related entities from any and all damages that may result from any claims arising from
any agreements, past or present, between the parties. Customer accepts any and all risks,
foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind
resulting or arising from including but not limited to; direct, indirect, incidental, special,
negligent, consequential, or exemplary damages happening from the use or misuse of
Company’s Product. Customer knowingly, voluntarily, and expressly, waives any claim
for damages including but not limited to; injury or death Customer may sustain as a result
of use of this Product.
Customer further declares and represents that no promise, inducement or agreement not
herein expressed has been made to Customer to enter into this release. The release made
pursuant to this paragraph shall bind Customer’s heirs, executors, personal
representatives, successors, assigns, and agents.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the
Parties agree and accept that the only venue for resolving such a dispute shall be in the
venue set forth herein below. The parties agree that they neither will engage in any
conduct or communications with a third party, public or private, designed to disparage
the other. The Parties agree that neither will directly or indirectly, in any capacity or
manner, make, express, transmit speak, write, verbalize or otherwise communicate in any
way (or cause, further, assist, solicit, encourage, support or participate in any of the
foregoing), any remark, comment, message, information, declaration, communication or
other statement of any kind, whether verbal, in writing, electronically transferred or
otherwise, that might reasonably be construed to be derogatory or critical of, or negative
toward, each other or any of its Products, members, owner directors, officers, Affiliates,
subsidiaries, employees, agents or representatives.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express
written consent of Company.
4) TERMINATION. By signing below, Customer agrees that the Company may, at its
sole discretion, terminate this Agreement.
5) INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless
Company, Company’s officers, employers, employees, contractors, directors, related
entities, trustees, affiliates, and successors from and against any and all liabilities and
expense whatsoever – including without limitation, claims, damages, judgments, awards,
settlements, investigations, costs, attorneys fees, and disbursements – which any of them
may incur or become obligated to pay arising out of or resulting from the offering for
sale, the sale, and/or use of the product(s), excluding, however, any such expenses and
liabilities which may result from a breach of this Agreement or sole negligence or willful
misconduct by Company, or any of its shareholders, trustees, affiliates or successors.
Customer shall defend Company in any legal actions, regulatory actions, or the like
arising from or related to this Agreement. Customer recognizes and agrees that all of the
Company’s shareholders, trustees, affiliates and successors shall not be held personally
responsible or liable for any actions or representations of the Company.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation
between the parties in mediation, every controversy or dispute relating to this Agreement
will be submitted to the American Arbitration Association. All claims against Company
must be lodged within 100-days of the date of the first claim or otherwise be forfeited
forever. The arbitration shall occur within ninety (90) days from the date of the initial
arbitration demand. The parties shall cooperate to ensure that the arbitration process is
completed within the ninety (90) day period. The parties shall cooperate in exchanging
and expediting discovery as part of the arbitration process. The written decision of the
arbitrators (which will provide for the payment of costs) will be absolutely binding and
conclusive and not subject to judicial review, and may be entered and enforced in any
court of proper jurisdiction, either as a judgment of law or a decree in equity, as
circumstances may indicate. In disputes involving unpaid balances on behalf of
Customer, Customer is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for
which monetary relief is inadequate and where a Party may suffer irreparable harm in the
absence of an appropriate remedy, the injured Party may apply to any court of competent
jurisdiction for equitable relief, including without limitation a temporary restraining order
8) NOTICES. Any notices to be given hereunder by either Party to the other may be
effected by personal delivery or by mail, registered or certified, postage prepaid with
return receipt requested. Mailed notices shall be addressed to the Parties at the addresses
appearing below. Notices delivered personally shall be deemed communicated as of the
date of actual receipt; mailed notices shall be deemed communicated as of three (3) days
after the date of mailing. For purposes of this Agreement, "personal delivery" includes
notice transmitted by fax or electronic mail, provided sender maintains confirmation that
the notice was properly transmitted on that date.
Notice addresses and contact persons for the Company are as follows:
To Company: Karen Litzy Physical Therapy PLLC
160 W 71st Street, #4T
New York, NY 10023
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, executors, administrators, successors and permitted assigns. Waiver of
any breach or the failure to enforce any provision hereof shall not constitute a waiver of
that or any other provision in any other circumstance.
This Agreement shall be governed by and construed in accordance with the laws of the
State of New York, United States of America. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, and all of which, together,
will constitute one and the same instrument. The parties hereto have caused this
Agreement to be executed and delivered as of the date first written.
I have read and agree to the working agreements above.