The Acceptance Alchemist, LLC
Terms Of Purchase
Dina Robitaille ( aka Mirilena Lee) & The Acceptance Alchemist Terms of Purchase
Agreement
This "Dina Robitaille & The Acceptance Alchemist" TERMS OF PURCHASE AGREEMENT (this
“Agreement”) is entered into and effective as of the date of purchase of any program or service, by the client,
by and between the (“Client”, “you”, or “your”) and Dina Robitaille & The Acceptance Alchemist, a
Tennessee limited liability company (“we”, “us”, “our(s)”, or “TAA & DR”) ,and sets forth the legally
binding terms for your access to The Acceptance Alchemist Coaching Programs (the “Program”).
By purchasing access to the Program, you hereby acknowledge, understand, and agree to be bound by
the following terms and conditions of this Agreement.
1. Services. The Program may include different components, such as videos, audio tracks, PDF’s,
live calls, access to a private Facebook community, www.questionyourstory.com. You are
granted a non-exclusive, non- transferrable, revocable license to access the Program for
personal use only, in accordance with the terms and conditions of this Agreement. Without
limitation of any of our rights or remedies at law, in equity or under this Agreement, and subject
to the applicable facts and circumstances, we may terminate your license and right to use the
Program, in whole or in part, without providing any refund or cancelling your obligation to make
installment payments where applicable, if we determine, in our sole discretion, that you have
breached or violated any of the provisions of this Agreement.
2. Sign-in name: Password; Unique Identifier. During the registration process you will create an
account which asks for, at minimum, a login name and password. You are to provide true,
accurate, and current information. You will not share login information, call-in numbers,
passwords, and protected links with anyone and you hereby acknowledge that sharing such
information is a material breach of this Agreement. Providing this information gives TAA & DR
permission to communicate with you to relay special offers, announcements, and information.
3. Payment. As consideration for purchase of the Program you shall pay TAA & DR full purchase
price, as well as any applicable taxes and fees, through (a) a one-time payment, (b) two (2)
installments, or (c) three (3) installments. When you purchase the Program, you authorize us to
charge your credit card, debit card, or PayPal account provided in accordance with the payment
plan you have selected. You must provide complete, current, and accurate payment information
and update us promptly should any payment information change. If payment is not received
from your credit card issuer, you hereby agree to pay all amounts due and owing upon demand.
You agree to pay all costs of collection, including, without limitation, attorney’s fees and costs,
on any outstanding balance. We reserve the right to cancel your order for any reason. Failure to
pay required fees may result in TAA & DR terminating this Agreement and discontinuing your
access to the Program. Your use of the Program after your termination may extend the term of
this Agreement which may cause you to incur additional fees. You agree to pay the purchase
price and not to cancel this transaction with your bank or credit card company. TAA & DR is not
responsible for any overdraft charges, over limit charges, NSF fees or any other costs or fees
charged or otherwise imposed by your bank or credit card company.
4. Refund Policy. You may be eligible for a refund of the amount paid by you provided you: (a)
have not accessed any part of the Program, and (b) no later than three (3) days after the
purchase of the Program (“three day grace period”) by emailing questionyourstory@gmail.com
stating the reason for the refund, or within the 7-day satisfaction guarantee, provided you email
QuestionYourStory@gmail.com your completed Program homework within 7-days of purchasing
the Program. Accessing any part of the Program, including, without limitation, attending live
trainings, utilizing and communicating within the Facebook community, or accessing the
membership site, shall constitute access to the Program for purposes of this subsection; such
access within the three-day grace period will render this refund policy null and void. If you
receive a refund for the Program, you will no longer be able to access any of the portion of the
Program and you will be removed from all groups immediately. TAA & DR has the sole discretion
to determine whether you satisfy the eligibility criteria for a refund and is under no obligation to
provide such refund.
5. Results Disclaimer. TAA & DR cannot and does not represent, warrant, guarantee or promise
any results physically, mentally, emotionally, or otherwise arising from your use of and
participation in the Program. Your level of success in attaining results is dependent upon a
number of factors including, without limitation, your skill, knowledge, ability, dedication, and
time you devote to the Program. Because these factors differ among clients, TAA & DR cannot
and does not guarantee your success or results physically, mentally, emotionally or otherwise.
6. User Content. We may provide the opportunity for you to provide content or materials (“User
Content”) through you use of the Program including, without limitation, commenting in the
Facebook group and communicating with us directly or through other forums. You expressly
acknowledge and agree that once you submit User Content it will be accessible by others, and
that there is no confidentiality or privacy with respect to such User Content, including, without
limitation, any personally identifying information that you may make available. YOU ARE
ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, EMAIL OR
OTHERWISE TRANSMIT VIA THE PROGRAM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY
LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH
YOUR USER CONTENT.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury,
emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other
person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally
identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any
information or content that is illegal (including, without limitation, another party’s trade secrets); or (vi)
contains any information or content that you do not have a right to make available under any law or
under contractual or fiduciary relationships.
You agree that any User Content that you post does not and will not violate third-party rights of any
kind, including without limitation any intellectual property rights, rights of privacy or publicity rights. You
agree that TAA & DR is only acting as a passive conduit for your online distribution and publication of
your User Content. You understand and agree that you may be exposed to User Content that is
inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you
agree that TAA & DR shall not be liable for any damages you allege to incur as a result of User Content.
By posting any User Content on the Program, you expressly grant to TAA & DR, and represent and
warrant that you have all rights necessary to grant to TAA & DR, an irrevocable, perpetual, nonexclusive, royalty-free, sublicensable, transferable, worldwide license to use, reproduce, modify, publish,
edit, translate, distribute, syndicate, publicly display, and make derivative works of all such User Content
and your name, voice, image and/or likeness as contained in your User Content, in whole or in part, and
in any form, media or technology, whether now known or hereafter developed, for use in connection
with the Program and TAA & DR's business, including, without limitation, for promoting the Program and
DR’s services in multiple media formats and through any media channels. You also hereby grant each
user of the Program a non-exclusive, royalty-free license to access your User Content through the
Program.
7. Audio and Video Release TAA & DR is hereby authorized to use Client’s story as a testimonial
and Client further agrees to allow the use of Client’s voice, photo, and likeness captured in any
programs relating to the Program via photograph, audio and/or video, using any technology
known or unknown, to be used for future products and/or marketing without compensation to
Client. Client hereby waives any and all rights Client has or may have to inspect and/or approve
any photographs, audio, or video of Client. Client agrees that all photographs and recordings
subject to this Section 7 are the exclusive rights of TAA & DR, its affiliates, successors and assigns
and Client is not entitled to any compensation arising from the sale or use of the recordings or
photographs in which Client appears or speaks. TAA & DR owns all rights of any audio, video,
and/or photographs relating to the Program captured during the performance of this
Agreement.
8. Modification. TAA & DR may modify this Agreement from time to time and such modification
shall be effective upon posting on the DR/TAA Website. After modifications are made, a new
copy of the revised Agreement will be sent to you and will be binding upon you unless you
affirmatively elect to terminate this Agreement.
9. Law; Jurisdiction. This Agreement shall be interpreted and governed according to the law of the
State of Tennessee and the laws of the United States of America without regard to or
application of its conflict of law rules or principles. Any dispute by and between Company and
Independent Contractor shall be subject to arbitration at Chattanooga, Tennessee in accordance
with the rules of Judicial Arbitration & Mediation Services (JAMS). The arbitrator shall have full
authority to provide injunctive relief, including temporary or permanent restraining orders, and
other equitable relief, which shall be enforceable through the District Court of Chattanooga,
Tennessee as any other judgment in accordance with the Tennessee Rules of Civil Procedure.
The parties agree that, in the event either party elects to arbitrate a dispute, the parties shall
first have mandatory non-binding mediation of any dispute and such mediation shall be
conducted by a person licensed to practice law and knowledgeable in the area of dispute, jointly
selected by the parties or, if no such agreement can be had, selected from the list of mediators
maintained by Judicial Arbitration Mediation Services in its Chattanooga, Tennessee office. YOU
AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT MUST BE COMMENCED BY YOU
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
10. Force Majeure. If either party is prevented from performing any of its obligations under this
Agreement due to any cause beyond the party’s reasonable control, including, without
limitation, an act of God, fire, flood, explosion, war strike, embargo, government regulation, civil
or military authority, acts or omissions or carriers, transmitters, providers, vandals, or hackers (a
“force majeure event”) the time for that party’s performance will be extended for the period of
the delay or inability to perform due to such occurrence; provided, however, that you will not be
excused from the payment or any sums of money owed by you to DR; and provided further,
however, that if a party suffering a force majeure event is unable to cure that event within thirty
(30) days, the other party may terminate this Agreement.
11. Disclaimers; Limitations of Liability. Client, being of lawful age, in consideration of being
permitted to participate in the programs and services offered and provided by Dina Robitaille &
The Acceptance Alchemist, LLC, a Tennessee limited liability company, through the Program
hereby agrees to the following: (a) Client understands that participation and use of the Program
is voluntary and may require physical and mental exertion or result in stress that may lead to
injury; (b) Client understands that it is Client’s responsibility to consult with a physician and
mental health professional prior to Client’s use of the Program and that Client further
represents and warrants that Client has, in fact, either consulted with a physician or have
knowingly and voluntarily elected not to consult of physician prior to Client’s use of the
Program; (c) Client acknowledges that Dina Robitaille & The Acceptance Alchemist, LLC is
materially relying upon Client’s representation and warranty set forth in Client’s previous
statement in permitting Client to participate in the Program; (d) Client knowingly and voluntarily
agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which
Client might incur as a result of Client’s use of the Program and acknowledges and reaffirm
Client’s informed consent to do so; (e) Client acknowledges that the Program and services
provided by TAA & DR are under no circumstances substitutions for consultation with, diagnosis
by, medical treatment or therapy prescribed or supervised by a licensed medical professional; (f)
Client acknowledges that TAA & DR does not provide, and is not licensed to provide, any medical
or mental health services or solve or treat any clinical problems; (g) Client acknowledges that no
employee of TAA & DR is a licensed or certified medical professional, dietician, nutritionist,
health or fitness professional, psychologist, psychiatrist, or other health care professional; (h)
Client acknowledges that the opinions, suggestions, advice, ideas strategies and other
information provided are intended to be suggestions and should only be considered or followed
after Client consults with Client’s physician or other health care provided; and (i) in further
consideration of being permitted to use the Program, Client, on behalf of himself or herself and
Client’s heirs, successors and assigns, knowingly, voluntarily and expressly waives, releases and
forever discharges Dina Robitaille & The Acceptance Alchemist, LLC, its employees, officers,
directors, members, managers, principals, agents and other persons acting on Dina Robitaille’s
behalf from any and all manner of action, causes of action, suits, claims, damages, costs and
expenses whatsoever, whether based on tort, contract, statutory or other theory of recovery,
which Client now has or hereafter can, shall or may have that relate to or in any way arise from
Client’s use of the Program. Client agrees that this Section 11 is intended to be as broad and
inclusive as permitted by the laws of the State of Tennessee. If any provision of this Waiver is
held or determined to be illegal, invalid or unenforceable under any present or future legal
requirement: (w) such provision will be fully severable; (x) this Section 11 will be construed and
enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this
Agreement; (y) the remaining provisions of this Section 11 will remain in full force and effect
and will not be affected by the illegal, invalid or unenforceable provision or by its severance
from this Agreement; and (z) in lieu of such illegal, invalid or unenforceable provision, Dina
Robitaille & The Acceptance Alchemist, LLC reserves the right to add as a part of this Section 11
a legal, valid and enforceable provision as similar in terms to such illegal, invalid or
unenforceable provision as may be possible.
12. Intellectual Property. The Program contains materials such as videos, audios, PDF’s,
coursework, plans, modules, photographs, live trainings, graphics, images, and other materials
provided by TAA & DR, (collectively, the “Content”). This Content is copyrighted and may not be
reproduced in any form, or by any means, without the express written permission of DR, which
may be withheld in TAA & DR's sole discretion. You may not reproduce, republish, display,
perform, distribute, modify, transmit, reuse, re-post, or use the Content for public or
commercial purposes without the express written permission of TAA & DR, which may be
withheld in 's sole discretion. The trademarks, logos, and services marks (collectively the
“Trademarks”) displayed within the Content are registered and unregistered Trademarks of TAA
& DR and other third parties that have authorized the use of such third party Trademarks.
Nothing contained in the Content or on the TAA & DR website(s) should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any Trademark
displayed on the materials, or any other Content on the website, except as provided in this
Agreement, is strictly prohibited.
13. Digital Millennium Copyright Act. If you believe that any of the Program contains content that
infringes on your copyright, please forward the following information by email to
questionyourstory@gmail.com or in writing to Dina Robitaille & The Acceptance Alchemist, 1222
Tremont Street, G-101 Chattanooga, TN 37405. Such writing should include: (a) Your address,
telephone number, and email address; (b) a description of the copyrighted work that you claim
has been infringed; (c) a description of where the alleged infringing material is located; (d) a
statement by you that you have a good faith belief that the disputed use is not authorized by
you, the copyright owner, its agent, or the law; (e) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by
you, made under penalty of perjury, that the above information is your notice is accurate and
that you are the copyright owner or authorized to act on the copyrights owner’s behalf.
14. Indemnity. You agree to indemnify and hold harmless TAA & DR, its subsidiaries and affiliates,
and their respective members, equity owners, managers, officers, directors, agents, attorneys,
employees, successors and assigns employees (each an “TAA & DR) Indemnified Party”;
collectively, the “TAA & DR Indemnified Parties”), from and against any and all Damages
asserted against, resulting from or to, imposed upon, or incurred or suffered by any TAA & DR
Indemnified Party as a result of or arising from your violation of this Agreement, your use of the
Program, any breach of your representations and warranties set forth above, and/or your User
Content. For the purposes hereof, the term “Damages” shall mean all liabilities, losses, injuries,
penalties, fines, forfeitures, assessments, claims, suits, proceedings, investigations, actions,
demands, causes of action, judgments, awards, taxes, charges, costs, expenses and damages of
any nature, including, without limitation, interest, penalties, reasonable attorneys’, accountants’
and other professionals’ fees and expenses, court costs and all amounts paid in investigation,
defense or settlement of any of the foregoing
15. Miscellaneous.
(a) This Agreement represents the entire Agreement between you and TAA & DR related to the Program
and prevails over any prior or contemporaneous, conflicting or additional communications, whether
written or oral with respect to the subject matter. You may receive a copy of this Agreement or ask any
questions by emailing questonyourstory@gmail.com.
(b) This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto,
their respective successor-in-interest, licensees, sublicensees, legal representatives, heirs and assigns
and does not confer or otherwise grant any rights or remedies on or to any other entity or person.
(c) No failure of either party to exercise or enforce any provision or any of its rights under this
Agreement shall act as a waiver of that provision, of any provision in this Agreement or of subsequent
breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
(d) If any provision of this Agreement is held or determined to be illegal, invalid or unenforceable under
any present or future legal requirement, and if there shall be no material adverse effect with respect to
the rights or obligations of any Party under this Agreement in connection therewith: (a) such provision
will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid or
unenforceable provision had never comprised a part of this Agreement; (c) the remaining provisions of
this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or
unenforceable provision or by its severance from this Agreement; and (d) in lieu of such illegal, invalid or
unenforceable provision, there will be added automatically as a part of this Agreement a legal, valid and
enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be
possible.
(e) Your failure to use the Services after purchase does not void any part of this agreement.
(f) You may not, without the prior written consent of TAA & DR, assign this Agreement, in whole or in
part, either voluntarily or by operation of law, and any attempt to do so shall be martial default of this
Agreement and shall be void. TAA & DR’s rights and obligations, in whole or in part, under this
Agreement may be assigned or transferred by TAA & DR.
(g) Nothing contained in this Agreement shall be constructed to (i) give either party the power to direct
and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint
venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to
create or assume any obligation on behalf of the other party for any purpose whatsoever.
(h) Except as provided herein, the rights and remedies of TAA & DR are set forth in this Agreement are
not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
(i) TAA & DR is entitled to reimbursement of all fees and costs, including, without limitation, reasonable
attorney’s fees, incurred in enforcing this Agreement.
(j) All past due amounts shall accrue interest at a rate of eighteen percent (18%) per annum.
(k) This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its
terms, and there shall be no presumption or inference against the party drafting this Agreement in
construing or interrupting the provisions hereof.
In witness whereof, the parties hereto have executed this Dina Robitaille Coaching Terms of Purchase
Agreement effective as of the date set forth above.
I, agree and understand that by purchasing any program or service offered by The Acceptance Alchemist, LLC, Dina Robitaille (aka Mirilena Lee,) and www.QuestionYourStory.com, I consent
to be legally bound to this agreement.