TERMS & CONDITIONS
This Membership Agreement (“Agreement”) is between Crista Corporation (the “Host”) and the membership applicant. (“You” or “Member”).
Section 1. TERM OF AGREEMENT: This Agreement will be effective after entered by You and will continue month-to-month until it is terminated pursuant to the cancellation provisions in Section 4, below, of this Agreement.
Section 2. MEMBERSHIP: Your membership is a contractual privilege to use and access the specific Membership content provided by Host and outlined on Host’s “Membership” website page (collectively referred to herein as “Content and Services”). The Host reserves the absolute right, without notice, to add, alter, amend, change or eliminate any Content and Services. Your membership does not entitle you to any interest or ownership in the Host’s business, Content and Services or the Host’s intellectual property. Your membership confers no right to participate in the management or operation of the Host’s business or Content and Services. The membership types, the amount of membership fees, dues and other charges payable by the members, the suspension and termination of members, and all other matters affecting or relating to your membership shall be in the Host’s sole discretion.
Section 3. PAYMENTS:
(a) Membership Payments. You agree to pay the monthly membership dues payments of $77, plus all applicable taxes. Payments are due on a monthly basis and reflect the current month’s dues and other charges. Except as stated in this Agreement, all membership fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to attend or use the Host’s Content and Services.
(b) Adjustment to Dues Rates and Other Fees. Monthly dues rates, charges and fees for Content and Services are subject to change, as deemed necessary by the Host. The Host may increase monthly dues rates by providing you with a minimum of thirty (30) days notice.
(c) Service Charges and Late Fees. If any payment to the Host, including by charge or bank draft, is not honored, or if your account is past due, the Host shall have the right to the following remedies, in addition to any other legal or equitable rights: (1) assess a service charge of $30.00 for each dishonored transaction and require reimbursement for cost collection; (2) assess a late fee of $20.00 for all past due accounts; (3) collect the current and past due balance in any subsequent months; and/or (4) suspend or terminate this Agreement. The Host reserves the right to change these service fees and late fees at any time. All payment disputes must be submitted to the Host in compliance with the Notice requirements herein, and within 120 days of the disputed charge, to the extent permitted by law. The Host may transfer this Agreement to a collections agency, and you will be obligated to pay any collection and/or legal costs incurred by the Host in enforcing this Agreement.
(d) Electronic Funds Authorization. You, the undersigned, agree that the Host will charge you monthly dues payments, plus all applicable tax beginning on the date you enter this Agreement and then monthly for each subsequent month. The Host will draft your dues payments via Electronic Funds Transfer “EFT” or your designated credit card on file on or about the same day of each month for the term of this Agreement. Additionally, you agree to pay for any ancillary purchases that are charged to your membership account, and all service charges, late fees, and other amounts due under this Agreement by draft via “EFT” or your credit card on file.
Section 4. CANCELLATION:
(a) Cancellation by Member. You may cancel your membership at any time. Such cancellation shall be deemed effective on the date of cancellation and all outstanding dues and charges have been paid to the Host. Access to Content and Services will cease on the date of cancellation, including personal content uploaded by You. No refunds shall be made for membership dues and other charges for unused membership time. If You choose to once again join the membership, in order to access previous Content and Services, You will need to reactivate Your account using Your prior account login details.
(b) Cancellation by the Host. The Host may suspend or cancel your membership at any time, without cause. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. No refunds shall be made for membership dues and other charges.
Section 6. SEVERABILITY: If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof, shall be severed from this Agreement, and such unenforceability shall not affect the other provisions of this Agreement.
Section 7. NOTICES: Any notice required under this Agreement shall be made by email, to the Host’s “Contact us” email address, firstname.lastname@example.org located on the Dr. Jill Crista website, https://drcrista.com, and to the email address You provide the Host. Please remember to inform the Host of any changes to your contact information, as well as any payment changes. Any notice given under this Agreement, shall be considered delivered when emailed to the email address you provided the Host. Any notice you send to the Host shall be considered delivered only when received and opened by the Host.
Section 8. ASSIGNMENT: The Host may assign this Agreement in its sole discretion. You may not assign this Agreement.
Section 10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. All actions arising under this Agreement shall be exclusively brought in a state or federal court in the City of Madison, Wisconsin.
Section 11. NO WARRANTIES: THE HOST AND MEMBER EACH ACKNOWLEDGES THAT, EXCEPT AS OTHERWISE AGREED IN WRITING, ALL CONTENT AND SERVICES, PROVIDED TO OR BY THE HOST UNDER THIS AGREEMENT IS PROVIDED “AS IS” WITH NO WARRANTIES OR CONDITIONS WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE HOST AND MEMBER EACH EXPRESSLY DISCLAIM AND WAIVE ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO SUCH CONTENT AND SERVICES.
Section 12. AUTHORITY TO EXECUTE AGREEMENT: Member hereby represents, warrants and covenants to the Host that (a) Member has the authority to enter into this Agreement and to perform all obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which Member is a party or by which the Member is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.