Digital Products Disclaimer and Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING OR USING ANY DIGITAL PRODUCTS

This Disclaimer and Agreement ("Agreement") is entered into between Rochelle Gravance Consulting, LLC ("Provider," "I," "me," or "my") and the individual purchaser and user of digital products ("Client," "you," or "your"). This Agreement constitutes a legally binding contract between Provider and Client.

1. NATURE OF DIGITAL PRODUCTS

The digital products I provide include, but are not limited to, guided visualizations, audio recordings, workbooks, instructional videos, and other related downloadable content (collectively, "Digital Products"). These Digital Products focus on athletic performance enhancement, mental training techniques, and personal development strategies under the Unbreakable Mental Strength program. Many Digital Products incorporate guided visualization techniques and energy work methodologies.

2. NOT PSYCHOLOGICAL, MEDICAL, OR HEALTHCARE PRODUCTS

IMPORTANT: I AM NOT A LICENSED PSYCHOLOGIST, PSYCHIATRIST, THERAPIST, COUNSELOR, PHYSICIAN, OR HEALTHCARE PROVIDER.

The Digital Products provided:

• Are NOT psychological, psychiatric, medical, or healthcare services or treatments

• Are NOT intended to diagnose, treat, cure, or prevent any mental health condition, medical condition, or disease

• Do NOT replace professional psychological, psychiatric, medical, or healthcare services

• Should NOT be used as a substitute for professional care from qualified healthcare providers

If you are experiencing mental health issues, physical health concerns, or require medical advice, you should consult with appropriate licensed healthcare professionals.

3. SELF-GUIDED IMPLEMENTATION

These Digital Products are designed for self-guided use without direct supervision from Provider. You acknowledge that:

• You are solely responsible for creating a safe and appropriate environment for using these materials

• You will not use visualization recordings or engage in energy work while driving or operating machinery

• You will exercise proper judgment regarding when and how to implement the techniques

• You have no recourse to real-time guidance or feedback from Provider during your use of the Digital Products

4. NO GUARANTEES OR WARRANTIES

I make no representations, guarantees, or warranties regarding:

• Specific results or outcomes from using the Digital Products

• Improvement in athletic performance, mental state, or any other aspect of your life

• Applicability or effectiveness of techniques for your specific situation

• Compatibility with your devices, software, or technical environment

Results vary among individuals. Any testimonials or examples provided represent individual experiences and are not guarantees of similar outcomes for all Clients. The Digital Products are provided "as is" without warranty of any kind.

5. ENERGY WORK AND VISUALIZATION CONSIDERATIONS

Many Digital Products contain guided visualization and energy work methodologies. You acknowledge and understand that:

• Responses to energy work and visualization techniques vary greatly between individuals

• Some visualizations may trigger emotional responses or memories

• Energy work is not scientifically validated and results cannot be guaranteed

• These techniques are complementary practices, not replacements for medical or psychological treatment

• You will discontinue use of any visualization or energy work that causes significant discomfort

6. ASSUMPTION OF RISK AND MONTANA LIABILITY WAIVER

You acknowledge and agree that:

• You are voluntarily using these Digital Products

• Implementation of any techniques, suggestions, or practices is at your own risk

• You assume full responsibility for your physical, mental, and emotional well-being while implementing any techniques or practices

• You will cease any activity that causes discomfort or seems unsafe and will consult appropriate healthcare providers

KNOWN INHERENT RISKS: The inherent risks of self-guided visualization and energy work include, but are not limited to: emotional responses during visualization exercises; potential activation of past traumas; temporary discomfort during pattern-clearing work; implementation of techniques without proper supervision; physical strain if implementing physical techniques incorrectly; changes in energy or emotional state; and practicing techniques in inappropriate settings or circumstances.

BY PURCHASING AND/OR USING THESE DIGITAL PRODUCTS YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER'S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER'S FAILURE TO EXERCISE REASONABLE CARE.

In accordance with Montana Code Annotated § 27-1-753, this waiver does not protect against claims of gross negligence or willful and wanton misconduct, nor does it apply to claims based on the design, manufacture, provision, or maintenance of equipment used with the Digital Products.

7. INTELLECTUAL PROPERTY AND USAGE RIGHTS

All Digital Products provided to you are protected by copyright and other intellectual property laws. These materials are owned by Rochelle Gravance Consulting, LLC and Unbreakable Mental Strength. These Digital Products are provided for your personal use only and may not be:

• Copied, reproduced, or duplicated

• Distributed, shared, or transferred to others

• Modified, adapted, or used to create derivative works

• Used for commercial purposes

• Recorded, livestreamed, or broadcast

• Used in group settings without separate licensing

• Played for teams, clients, or other third parties

Specific usage limitations:

• Individual purchase grants ONE person the right to use the Digital Products

• Household family members living in the same dwelling may use the products for personal use only

• Coaches, trainers, or professionals may NOT use these products with their clients without purchasing a commercial license

• Organizations may NOT use these products with their teams or members without purchasing an organizational license

Any unauthorized use of these materials may violate copyright laws, trademark laws, and other regulations.

8. DIGITAL DELIVERY AND TECHNICAL ISSUES

Digital Products are delivered through electronic means and made available in your user account on our website. You acknowledge that:

Lifetime Access:

• Digital Products include "lifetime access," which means access for the operational lifetime of the Provider's website and business

• "Lifetime access" does NOT refer to the user's lifetime or Provider's personal lifetime

• Provider guarantees a minimum of 5 years of access from the date of purchase

• Access beyond the minimum 5-year period is provided at Provider's discretion and depends on continued business operations

User Responsibility:

• It is your responsibility to download and backup your purchased Digital Products for personal storage

• Provider strongly recommends downloading all materials immediately after purchase

• You are responsible for maintaining your own copies of Digital Products

• Provider is not obligated to replace lost Digital Products due to user error or device failure

Technical Limitations:

• Provider is not responsible for technical failures preventing successful access or download

• Provider does not guarantee compatibility with all devices, operating systems, or software

• Technical support is limited to website access and download issues only

• Provider reserves the right to update delivery methods or website platforms

Account Access:

• You must maintain active account credentials to access Digital Products

• Provider may suspend access for violation of this Agreement

• Account recovery services are provided on a best-effort basis

• Provider is not responsible for access issues due to forgotten login credentials

Business Continuity:

• In the event of business closure or sale, Provider will provide 90 days advance notice when possible

• Upon business closure, all access obligations terminate

• Provider may transfer Digital Product access to a successor business entity

• No refunds will be provided for remaining access time upon business closure

10. PAYMENT PLAN TERMS

3-Month Payment Plan Option:

• Available as an alternative to full payment
• Equal monthly installments charged automatically to your payment method
• All payments must be completed to maintain access to course materials
• Failure to complete payments will result in immediate access revocation

Payment Plan Guarantee: For customers choosing the 3-month payment plan, the refund guarantee is modified as follows:

• 30-Day No Questions Asked Refund: Full refund available within thirty (30) days of initial purchase date regardless of course completion status
• Refund Amount: Limited to total amount paid at time of refund request
• No Course Completion Requirement: Unlike the full-payment guarantee, completion of all modules is NOT required for payment plan refunds within the 30-day period
• Payment Plan Cancellation: After 30 days, you may cancel future payments but no refund will be issued for payments already made

Payment Plan Legal Terms:

• You agree to complete all scheduled payments according to the payment plan
• Montana state law governs all payment plan agreements
• Disputed charges must be addressed within 30 days of the charge date
• Payment plan customers receive identical course access as full-payment customers
• If payments fail due to insufficient funds or invalid payment method, access will be suspended until payment is resolved
• You may upgrade to full payment at any time by paying the remaining balance

Collection Terms:

• Unpaid balances may be subject to collection activities
• You remain responsible for all payments agreed to in the payment plan
• Legal fees and collection costs may be added to unpaid balances as permitted by Montana law

10. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, I shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the Digital Products, including but not limited to:

• Physical or psychological injuries

• Loss of income or revenue

• Loss of business or anticipated savings

• Technical failures or data loss

• Any other loss or damage of any kind

My total liability for any claims relating to the Digital Products shall not exceed the amount paid by you for the specific Digital Product giving rise to such claim.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Rochelle Gravance Consulting, LLC, Unbreakable Mental Strength, its officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of this Agreement

• Your use or implementation of the Digital Products

• Your interactions with any third parties based on the Digital Products

• Any content or information you provide

12. JURISDICTION AND GEOGRAPHIC CONSIDERATIONS

This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any principles of conflicts of law, regardless of the location where you access or use the Digital Products. Any dispute arising from or relating to this Agreement shall be resolved exclusively in the courts located in [Your County], Montana. You expressly consent to the exclusive jurisdiction of Montana courts for any dispute related to these Digital Products, even if you reside outside of Montana.

13. MODIFICATIONS

I reserve the right to modify this Agreement at any time. You will be notified of any significant changes by email or through the website. Your continued use of the Digital Products after such modifications constitutes your acceptance of the updated Agreement.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

15. ACKNOWLEDGMENT

BY PURCHASING AND/OR USING THE DIGITAL PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE ENTIRE UNDERSTANDING BETWEEN YOU AND ROCHELLE GRAVANCE CONSULTING, LLC REGARDING THE DIGITAL PRODUCTS.

THIS WAIVER MAY BE CHALLENGED ON ANY LEGAL GROUNDS AS PROVIDED BY MONTANA LAW.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT PURCHASE OR USE THE DIGITAL PRODUCTS.

16. AGE RESTRICTIONS AND INTENDED AUDIENCE

Intended Audience: These Digital Products are specifically designed and intended for college-age athletes (18 years and older) and adult athletes. The content, techniques, and mental training methodologies are developed for individuals with the cognitive maturity and life experience of adults.

Use by Minors - Parental Responsibility and Warnings:

If parents or guardians choose to purchase these Digital Products for athletes under 18 years of age, the following terms apply:

No Responsibility for Minor Use:

• Provider assumes NO RESPONSIBILITY for how these materials are interpreted, understood, or implemented by Minors

• Provider makes NO REPRESENTATIONS that the content is appropriate for athletes under 18 years of age

• Provider is NOT LIABLE for any misunderstanding, misapplication, or negative outcomes resulting from Minor use

• The complex mental training concepts presented may not be developmentally appropriate for younger athletes

Parental Acknowledgment Required: By purchasing these products for or allowing access by a Minor, parents/guardians explicitly acknowledge and agree that:

• They are solely responsible for determining age-appropriateness of all content

• They will provide complete supervision and guidance for any implementation of techniques

• They understand the materials were not designed with adolescent psychological development in mind

• They assume all risks associated with a Minor's exposure to adult-oriented mental training content

Downloadable Nature - No Control After Purchase: Parents/guardians understand and acknowledge that:

• Once downloaded, Provider has no ability to monitor, control, or restrict how these materials are used

• Provider cannot prevent inappropriate use, unsupervised access, or misapplication of techniques by Minors

• Parents/guardians are entirely responsible for controlling access to and use of downloaded materials

• Provider strongly recommends professional consultation before implementing any techniques with athletes under 18

Developmental Considerations: The mental training techniques in these Digital Products involve:

• Complex visualization exercises designed for mature cognitive abilities

• Energy work methodologies that may produce unpredictable responses in developing minds

• Performance psychology concepts requiring adult-level emotional regulation

• Self-guided implementation without real-time professional supervision

Professional Consultation Recommended: For athletes under 18, Provider strongly recommends:

• Consultation with licensed sports psychologists experienced in adolescent development

• Review by qualified mental health professionals before implementation

• Ongoing professional supervision during any use of these techniques

• Consideration of age-appropriate alternatives specifically designed for younger athletes

Entertainment Purposes for Minors: To the extent these Digital Products are accessed by Minors, they should be considered for entertainment and general informational purposes only, not as structured mental training protocols.

Limitation of Liability for Minor Use: Provider's liability limitations and disclaimers apply with particular emphasis to Minor use. Provider shall not be liable for any outcomes, misunderstandings, inappropriate applications, or adverse effects resulting from Minor access to or use of these adult-oriented Digital Products.

Voidable Purchases: Consistent with Montana law regarding Minor contracts, any purchase made by a Minor without proper parental consent may be subject to cancellation. However, once materials are downloaded, Provider cannot retrieve or control the content.

BY PURCHASING THESE DIGITAL PRODUCTS INTENDED FOR ADULT ATHLETES, PARENTS/GUARDIANS ACKNOWLEDGE THE ADULT-ORIENTED NATURE OF THE CONTENT AND ASSUME COMPLETE RESPONSIBILITY AND LIABILITY FOR ANY MINOR'S ACCESS TO OR USE OF THESE MATERIALS.