THE MSING LINK MEMBERSHIP TERMS & CONDITIONS

Thank you for choosing The MSing Link. This document, referred to as the "Membership Terms of Conditions" or simply "Terms," governs the agreement between you, the subscriber ("Member," "you," or "your"), and The MSing Link ("Company," "we," "us," or "our"). These Terms set forth the conditions under which you may access and use our Membership services, digital products, and other resources (the “Membership”) available through our website at www.doctorgretchenhawley.com and its related domains, subdomains, or during in-person interactions.

Acceptance of Terms. By clicking "Subscribe Now," "Join," or any similar button, completing the subscription process, making a payment, or accessing any of our services or digital products, you confirm that you have fully reviewed and understood these Terms. Your action constitutes a legally binding agreement to these Terms, effective immediately upon your subscription or first use of our services. Together with our Privacy Policy, these documents constitute the complete agreement ("Governing Documents") between you and The MSing Link (individually referred to as a “Party” and collectively as “Parties”). 

Indicating Acceptance. Your acceptance of these Terms may be indicated by clicking "Subscribe Now," “Complete my purchase”, "Join," checking a box confirming your agreement, completing the subscription process, making a payment, or otherwise accessing our services. Any of these actions constitutes your electronic signature and legally binding agreement to these Terms.

Purpose. The intent of these Terms is to clearly define the legal relationship between you and the Company concerning your subscription to and utilization of our services and digital products. 

Scope of Membership Services. Our membership services are designed to provide you with a suite of resources to support your learning goals. These services include, but are not limited to, the following:

1. Digital Downloads: Access to a range of downloadable resources.

2. Online Video Recordings: A selection of courses designed to enhance your knowledge and skills.

3. Live Calls: Including exercise classes, guest speaker calls, Q&A’s, support groups, etc.

4. Community Platform: A platform for communication and interaction with fellow members and instructors.

5. Additional Resources: As periodically updated and made available through our membership platform.

Access and Delivery Membership Content. Upon your subscription and successful payment, you will gain access to the membership content through our digital platform. The specific details of the membership services and digital content available to you are outlined on our website and within the membership platform. Information regarding live calls, including schedules, any events, and access instructions, will be communicated through the membership platform/Facebook Group and/or via email. Please note, the delivery of certain live calls and content may be subject to specific schedules and availability. We will make every reasonable effort to adhere to advertised schedules. However, should there be any changes or delays, members will be notified in advance through the membership platform, the community, and/or via email. 

Communication with Members. Our primary means of communicating with you regarding your membership, including updates, changes, or any pertinent information, will be through Kajabi, our Facebook community/group and/or email. By subscribing to our Membership, you expressly consent to receive marketing communications and email communications from the Company. These communications may include information on new services, exclusive offers, and upcoming events that may be of interest to you. We are committed to delivering value in every communication and maintaining the relevance of our content to your interests. Should you decide to unsubscribe from our email communications, you may also be opting out of Membership email communications.

Scope of Membership Subject to Change. Our membership services and content are subject to periodic updates and enhancements. We reserve the right to add, modify, or discontinue any part of the membership content without prior notice, but with a commitment to providing value to our members.

Membership Fees, Payments, and Promotions. The membership fee is the amount listed on the Company’s website at the time of your purchase. By subscribing, you authorize us to charge the Authorized Payment Method on file for recurring subscription fees as per your chosen billing cycle (monthly, quarterly, annually). Subscriptions automatically renew at each cycle's end unless you cancel in writing before the renewal date, as detailed in our cancellation policy below:

1. Failed Payment Attempts: If an attempt to charge your Authorized Payment Method is unsuccessful, we will make additional attempts two days apart. After failed attempts, your subscription may be suspended or canceled, and you'll be notified to resolve payment issues within seven days.

2. Collection of Unpaid Fees: Accounts with unpaid fees for 90 days post suspension may be referred to a collections agency.

Promotions, Discounts, and Bonuses: From time to time, the Company may offer promotions, discounts, or bonuses to new or existing customers. These offers are subject to availability and may change at our discretion. Current members are not automatically eligible for promotional offers made after their purchase, but may access specific promotions as detailed in the offer terms. We reserve the right to modify or discontinue any promotions at any time.

 

Refund Policy. Due to the instant nature of digital product delivery and the irreversible access to our content, we maintain a no-refund policy for all purchases and subscriptions. This policy is in place to acknowledge the inherent value of the digital content and resources provided.

{While our general policy is to not offer refunds after access has been granted, we understand that exceptional circumstances, such as a billing error or a mistake in the amount charged, can occur. In such limited circumstances, the Company reserves the right to issue refunds at our discretion.

If you believe you have been charged in error, please contact us immediately at [email protected]. Provide detailed information regarding the error, including proof of the charge and your account details. We will investigate the matter and, if an error is confirmed on our part, issue an appropriate refund.}

Trial Offers and Billing Authorization. When you subscribe to the Membership under a trial offer, whether free or discounted, you're getting the opportunity to experience our membership services on a trial basis. By taking advantage of a trial offer, you expressly grant the Company permission to bill the Authorized Payment Method on file for the full subscription fee once the trial period concludes, unless you take action to cancel the subscription.

The specific duration of your trial will be communicated at the time of the subscription. It's essential to note the end date of the trial period to understand when billing for the regular subscription fee will commence. If you decide that you do not wish to become a paying subscriber following the trial period, you must cancel your subscription before the trial ends. Instructions for cancellation can be found in the “how to cancel” video inside The MSing Link program or by contacting our support team directly at [email protected].

If your subscription is not canceled before the trial period expires, the Company will automatically convert your trial subscription into a paid subscription on the day following the last day of the trial. Your Authorized Payment Method will be charged according to the subscription plan you selected at the initiation of the trial offer.

Updating Payment Information. Ensure your payment information remains up-to-date to prevent service interruptions. We may adjust your billing cycle or subscription plan to align with our current offerings for failed payments.

Term of Membership. Your subscription Membership with the Company begins upon the initial payment and is established under a recurring billing cycle (e.g., monthly, quarterly, annually). This Agreement is active and remains in effect until terminated in accordance with the specified cancellation and termination policies in these Terms.

Cancellation. You can cancel your subscription at any time through your account settings or by contacting our support team. To avoid charges for the next billing cycle, cancellations must be initiated at least 48 hours before your next scheduled billing date. All cancellations are subject to the conditions below:

1. Cancellation Requests: Can be submitted via your member account settings on our website or by directly contacting our support team through email at [email protected]. The effective date is immediate upon completion of the cancellation process through your account settings, or on the date our support team processes your email request, with confirmation sent to you via email.

2. Billing at Cancellation: Any billing cycle in progress at the time of cancellation will be completed. No further charges will be applied post the effective cancellation date. Access to membership content and benefits extends until the end of the current billing cycle if cancellation is processed prior to the next billing date. Otherwise, access ceases immediately on the effective date.

3. Deadline for Cancellation: To prevent billing for the upcoming cycle, we require cancellation requests to be made at least seven days before your next billing date.

Termination Policies. We reserve the right to terminate your membership for reasons including, but not limited to, violation of Membership Terms and Conditions, failure to pay subscription fees, or any action detrimental to the Company or our community. Members will receive notification of such termination via email. You may decide to terminate your membership at any time for any reason following the steps outlined in our cancellation policy above.

Post-Termination Access. Upon termination or cancellation, your access to the Company's membership content, including digital products and community platforms, will be revoked. Members are encouraged to complete any video recording replays or utilize downloadable resources before the termination goes into effect, as access will not be retained post-cancellation.

Intellectual Property Ownership and License Grant. The Company offers a wide range of membership content, including instructional materials, educational content, and other digital products, all of which are protected by copyright and constitute the exclusive intellectual property of the Company. We retain all rights, titles, and interests in the membership content and any associated intellectual property. Joining the Membership and agreeing to these associated Terms, does not convey any ownership rights of the membership content to you or any third party.

Upon agreeing to these Terms, you are granted a non-exclusive, non-transferable, revocable license to access the Membership and its contents.

This License permits you to use the provided templates and content for your personal, non-commercial purposes only. You are allowed to modify, copy, edit, print, and adapt these resources strictly for private use, under the condition that:

1. Personal Use Restriction: Content derived from our resources must not be used for any commercial, business, or revenue-generating activities.

You are not permitted to resell, redistribute, provide access to, share, or transfer the resources, content, templates or any content created using the resources and/or templates to third parties. This includes refraining from using such content on behalf of other businesses or for creating content for others. Unauthorized reproduction, sharing, or distribution of membership content is a violation of these terms and may lead to termination of your membership and potential legal action.

Privacy and Data Protection. The information we collect, which may include details about you and your devices, is utilized solely for the purpose of enhancing our operations and delivering our products effectively.

We urge you to review our Privacy Policy (https://www.drgretchenhawley.com/privacy-policy), accessible on our website, to fully understand how we collect, use, protect, and in certain cases, share your personal information. The Privacy Policy outlines your rights regarding your data and our obligations in protecting it, reflecting our commitment to transparency and data protection compliance. By agreeing to these Terms and continuing to use the Company’s services, you also consent to the collection, use, and handling of your personal information as described in our Privacy Policy. 

We pledge to handle your data responsibly and with the utmost respect for your privacy. For details on how we uphold privacy within our community interactions and your responsibilities as a member, please refer to our 'Confidentiality and Respect for Member Privacy' section.

Confidentiality and Respect for Member Privacy. It’s imperative to respect the privacy and confidentiality of fellow members by refraining from disclosing, sharing, or distributing their information outside the community without explicit consent. Exercise caution and respect when handling any personal information or content shared within our community, including but not limited to names, contact details, and personal stories.

Unauthorized reproduction, sharing, or distribution of any member’s personal information or contributions outside the Company’s community is strictly prohibited. Maintain a respectful and secure environment by ensuring your contributions do not infringe on the privacy or rights of other members.

We value your privacy, but cannot guarantee that information shared within group settings will remain private. By sharing information in these spaces, you understand the risk that it could become public through various means.

Limitation of Liability for Community Interactions. The Company is not liable for actions of any member that breach privacy or confidentiality through community interactions. We cannot monitor every communication but will enforce community guidelines to support a safe environment.

You are responsible for the content you share and for respecting others’ privacy. We encourage judicious sharing of personal or sensitive information. While we commit to reasonable security measures and guidelines to protect privacy, the Company is not liable for unauthorized disclosures arising from member interactions. 

Please report any privacy breaches or misconduct. We are committed to addressing issues in line with our community standards.

Failure to adhere to these privacy and confidentiality expectations may result in immediate suspension or termination of your membership, at the Company's sole  discretion. We reserve the right to take appropriate action to protect the integrity of our community and the privacy of its members.

Consent to Use Member Submissions. By submitting any form of feedback, including reviews, images, comments, testimonials, or social media tags ("Submissions") to the Company through any platform, whether it be social media, online review sites, or directly to our website, you hereby grant the Company a non-exclusive, royalty-free, perpetual, and worldwide license to use these Submissions. This use may include, but is not limited to, incorporating your Submissions into our website, social media channels, marketing materials, promotional guides, and any other forms of communication or advertisement, for any purpose related to our business.

Furthermore, when you provide these Submissions, you also consent to the use of your name, photograph, and any other publicly available information that you have disclosed in connection with your Submissions. This might include sharing or highlighting your feedback across our various platforms and materials to promote the Company, showcase member satisfaction, or for other reasonable business purposes as we see fit.

Please note, by making a Submission, you confirm that you have the right to grant this permission, including the right to use any personal information contained in your Submissions, and that the use of such Submissions and information by the Company will not infringe upon or violate the rights of any third party.

This consent does not obligate the Company to use your Submissions or related personal information, but rather provides us with the legal permission to use them at our discretion. The Company is committed to respecting your privacy and rights in line with our Privacy Policy and applicable laws.

Disclaimer. The Company and its representatives do not provide legal, medical, financial, or other professional advice as part of our membership services. Our content is designed for informational and educational purposes only. Should you require professional assistance, we strongly advise consulting with a qualified expert in the relevant field. 

Medical Disclaimer. The information, resources, and services provided through The MSing Link are for educational and informational purposes only and should not be construed as medical advice. This membership program does not contain the diagnosis, treatment, or evaluation of any type of medical issue. The Company's services should not be used as a substitute for professional healthcare. It is your exclusive responsibility to seek independent professional medical guidance as needed. Before beginning any exercise program, especially if you have a medical condition like MS, you should consult with your healthcare provider.

Assumption of Risk and Waiver of Liability for Physical Activities. You understand that participating in exercise and physical activities, including those instructed through our membership program, carries inherent risks. By accessing or using our exercise-related content, you voluntarily assume all risks associated with such activities. 

You agree to waive and release, indemnify, hold harmless and forever discharge The MSing Link LLC, including its agents, contractors, employees, officers, directors, affiliates, successors, and assigns, from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your participation in any of the strength training, physical exercise, or related physical activities conducted by, on the premises of, or for the benefit of, The MSing Link LLC.

This waiver does not apply to any acts of gross negligence, intentional, willful, or wanton misconduct. By participating in our exercise programs, you assume any risk and take full responsibility and waive any claims of personal injury or death associated with such activities.

No Guarantee of Results. The insights, information, and guidance offered by the Company are intended to support your personal growth and decision-making. However, we cannot guarantee specific outcomes or results from utilizing our services. Success depends on individual efforts and circumstances, and members are responsible for the application of any information provided.

Limitation of Liability. The Company and its affiliates will not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your membership or use of our services. This includes damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, or any other legal theory, even if we have been advised of the possibility of such damages. In cases where the Company is found liable, damages shall be limited to the greater of (a) the total amount paid by you for our services in the 12 months preceding the claim, or (b) $500, except where such limitations are not permitted by law.

Non-Disparagement. By accepting these Terms and participating in our membership program, you agree to refrain from making any statements, whether oral or in writing, that negatively impact the Company's business, services, products, or reputation. This includes but is not limited to defamatory, disparaging, or otherwise harmful statements on social media, review platforms, or any other public or private forum.

Indemnification. You agree to indemnify and hold the Company, its directors, officers, employees, affiliates, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services, your violation of these Terms, or your violation of any rights of another. This duty to indemnify will survive the termination of your membership.

Age Limitations. By engaging with the Company through payment submission, enrollment, or any form of participation on our website, you confirm that you are of legal age in your jurisdiction to enter into these Terms and to purchase our products. You represent that you are fully able and competent to meet the obligations stipulated in these Terms of Purchase, and acknowledge that we rely on this representation in offering you access to our products and services.

Accuracy of Information. We are committed to providing our members with accurate and up-to-date information across our website, including details on our products, services, and promotions. We regularly review and update our site content to ensure reliability.

Despite our best efforts, there may be occasions where information on the website contains inaccuracies or may not be current. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted. These corrections may relate to product descriptions, pricing, promotions, and availability.

We understand the importance of accurate information in making informed purchasing decisions, and we are dedicated to providing transparent and prompt updates should any information change.

Binding Arbitration Agreement. Should any dispute arise between the Parties  regarding the membership terms, services, or any related activities that cannot be resolved through direct communication and negotiation, both parties agree to submit the dispute to binding arbitration. This arbitration will be conducted in accordance with the rules established by the American Arbitration Association, ensuring a fair and impartial resolution.

All decisions made by the arbitrator will be final and binding on both parties, and the arbitration process will be held in Genesee County, New York, ensuring accessibility and relevance to the company's operations. Should it become necessary to relocate the arbitration due to unforeseen circumstances, the Company reserves the right to select an alternative venue. The Parties agree to equally share the costs associated with the arbitration process.

Choice of Law. These Terms, including its formulation, execution, and effect, shall be governed and construed in accordance with the laws of State of New York, without regard to its conflict of law provisions. Where conflicting laws arise, the laws of State of New York shall prevail, providing a single point of legal reference to govern the agreement.

Notices. To ensure effective communication regarding your membership, the Company utilizes the following methods for sending and receiving notices:

1. Email Notices: For direct communication, including billing changes, subscription updates, and general service announcements, the Company will send notices to the email address associated with your membership account. These notices are considered effective when received. For routine inquiries, including questions about your membership, billing adjustments, or cancellation requests, you may contact the Company via email at [email protected]. 

2. Website Notices: The Company reserves the right to post updates or changes to membership offerings, company policies, and other significant announcements on our website. Such notices become effective at the time of posting and are accessible to all members.

3. Formal Legal Notices: For formal legal communications, including but not limited to legal proceedings or official disputes, notices must be sent to The MSing Link via certified mail at the following address:

   The MSing Link Bank Street Rd. Batavia, NY 14020

Notices of this nature are deemed effective upon the Company's actual receipt of the mail, ensuring that legal communications are documented and responded to with the appropriate level of diligence and formality

Force Majeure. In our commitment to providing uninterrupted access to our online membership program, we recognize that certain events beyond our control may occasionally disrupt our services. These events, known as force majeure events, absolve us from liability for any service interruptions or delays they may cause.

Relevant force majeure events include, but are not limited to: widespread internet outages or significant disruptions; cybersecurity incidents, including hacking, viruses, and other malicious software attacks that impact our ability to deliver services; governmental restrictions or actions, including lockdowns, that affect digital operations or access; supplier or partner disruptions that affect the availability of digital content or services, severe natural events, disasters, pandemics, war, Acts of God, unanticipated regulatory changes affecting the digital content, e-commerce, or online education sectors.

Should such an event occur, we will: promptly notify our members of the situation and its expected impact on our services; take all reasonable measures to restore access and service quality as swiftly as possible; and, adjust our policies or offerings temporarily, if necessary, to mitigate the impact on our members

Disruption of Membership Services. In the event that the Company is unable to continue providing membership services and content due to circumstances beyond our reasonable control—including but not limited to financial insolvency, changes in legal or regulatory conditions, force majeure events, or other significant disruptions—the Company reserves the right to terminate memberships with immediate effect. Should such a situation arise, we will endeavor to provide members with timely and clear notice regarding the discontinuation of services. This communication will be delivered through the email address associated with your membership account or posted directly on our website.

Upon the discontinuation of membership services, the Company will assess the possibility of issuing prorated refunds for any pre-paid membership fees covering the remainder of the billing cycle or membership term, in accordance with our refund policy at that time. We shall not be liable for any losses, damages, or claims that arise as a result of the discontinuation of membership services. Members agree that the recourse for any pre-paid fees will be limited to the refund policy as stated and that we will not be obligated beyond this provision.

Revisions to Terms. The Company reserves the unilateral right to update, amend, or otherwise modify these Terms at any moment, without direct notification to you. It is your responsibility to review these Terms periodically for any changes. Your continued use of the membership and the Company’s products following the posting of revised Terms signifies your acceptance of and consent to the updates. We encourage you to remain informed of any changes that may affect your rights or obligations. 

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Assignment and Transfer Restrictions. The rights and privileges granted to you under these Terms are personal to you and cannot be transferred, assigned, or delegated to any third party. 

Headings. The headings used throughout these Terms are intended solely for convenience and should not be used to interpret the agreement's provisions.

Entire Agreement + All Rights Reserved. This document represents the entire agreement between the Parties regarding our services and supersedes any prior agreements. The Company reserves any and all rights not expressly granted in these Terms.

Last Updated April 2025