Terms of Service

Terms of Service

TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program, Course, Membership, or Experience) by Ayni Publishing, LLC (sometimes referred to as "Company").

By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.

PROGRAM

Ayni Publishing, LLC agrees to provide course content, identified as an online course and community to help Clients make meaningful change within their lives. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs and activities.

DISCLAIMER

Client understands Tom Graziano and Ayni Publishing, LLC is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, hypnotherapist, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.  

Client understands that neither Tom Graziano, nor Company, has promised, nor shall be obligated to, the following:

1. Success or results in any particular arena or area for the Client.
2. Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
3. Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
4. Introduce Client to Tom's full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.

FINANCIAL OBLIGATION

Client is responsible for the completion of all payments and payment plans for products they purchase. We reserve the right to seek recovery of any unpaid monies through our Collection Agency or any other method we deem appropriate.

METHODS OF PAYMENT

Visa, Mastercard, and American Express are accepted as forms of payment. The Client authorizes monthly charges for products to the Client’s method of payment if the client pays for products via monthly installments.

REFUNDS

Given the digital nature of the products offered, Unless a refund policy is explicitly stated on the enrollment page at the time of purchase, all sales are final. If a refund policy is offered, a request for a full refund must be submitted in writing to our support team at support@tomgraziano.com within the specified refund period. Any refund requests received beyond the stated period will not be honored, and the purchaser remains responsible for full payment of all fees associated with the product, regardless of participation or completion status.

If no refund policy is stated on the enrollment page, the purchase is non-refundable, and no exceptions will be made.

Please note: All refunds are discretionary as determined by Ayni Publishing, LLC. If you have any questions, contact us at support@tomgraziano.com.

Be responsible and intentional!  Don’t download the training products and promptly ask for a refund.  The point of refunds is to give the Client a chance to know if the products and programs are not a good fit for them, honestly and ethically.  If you opt to move forward with your purchase, put your best foot forward and be responsible for the outcome, it is yours to create!

CONFIDENTIALITY

Ayni Publishing, LLC values and respects Clients' privacy and insists that the Client respects ours as well. Consider this a mutual non-disclosure Agreement. Any confidential information shared by Ayni Publishing, LLC Participants or any representative of Ayni Publishing, LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, Tom, agents or employees of Ayni Publishing, LLC during the course or program. 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 private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.  Integrity, authenticity and confidentiality are of the utmost importance to the experiences we create and share.

Client agrees not to violate the Publicity or Privacy Rights belonging to Ayni Publishing, LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or mailing addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Ayni Publishing, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.  Ayni Publishing, LLC reserves the right to remove participants who violate these or any other terms and conditions at any time without notice and without refund.

CLIENT RESPONSIBILITY

Products developed by Ayni Publishing, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Ayni Publishing, LLC. Ayni Publishing, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the personal development nature of products developed by Ayni Publishing, LLC, the results experienced by each Client may significantly vary. Client acknowledges that, as with any endeavor, there is an inherent risk of loss of capital and time and there is no guarantee that Client will reach their goals as a result of participation in products developed by Ayni Publishing, LLC. Ayni Publishing, LLC program, course education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual with any specific ailment or issue. Ayni Publishing, LLC assumes no responsibility for errors or omissions that may appear in any program materials.

MISCELLANEOUS

LIMITATION OF LIABILITY

Client agrees to use  Anyi Publishing, LLC’s training, services and programs at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as "Releasees") from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts all risks, foreseeable or unforeseeable. Client 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 training, services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT

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. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, 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, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

INDEMNIFICATION

Client 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. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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. In consideration of and as part of Client's payment for the right to participate in Ayni Publishing, LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Ayni Publishing, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.

NO TRANSFER OF INTELLECTUAL PROPERTY

Ayni Publishing, LLC’s materials, course work, and trainings are copyrighted and original materials that have been provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company's intellectual property for Client's business purposes or purposes outside of the Client’s individual and singular use. All intellectual property, including Company's copyrighted program and/or course materials, shall remain the sole property of the Ayni Publishing, LLC. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client'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. No license to sell or distribute Company's materials is granted or implied.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, employment relationship, 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 means in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party—including, without limitation, acts of God, war, terrorism, civil disturbances, labor strikes, natural disasters, pandemics, government restrictions, State Department travel advisories, or interruption of transportation or utilities—makes it inadvisable, illegal, or impossible for Ayni Publishing, LLC to perform its obligations under this Agreement, such performance shall be excused and extended for the period of delay or inability to perform caused by such events. In no event shall Ayni Publishing, LLC be liable for any loss, damage, or expense resulting from such delay or nonperformance.

SEVERABILITY/WAIVER

In the event that any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain 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 further rights hereunder.

ASSIGNMENT

No assignment of this Agreement may occur by the without express written consent of Ayni Publishing, LLC

MODIFICATION

Ayni Publishing, LLC reserves the right to modify terms of this Agreement at any time. All modifications shall be posted on the Company’s website and Client will be notified.

TERMINATION

Ayni Publishing, LLC is committed to providing all Clients with a positive and constructive experience. By purchasing a product, course, training or program, the Client agrees that If the Client violates any terms and conditions or privacy,  fails to follow the guidelines, harms the participation of the other Clients in the experience or upon violation of the terms as determined by Company, the Client agrees that the Company may, at its sole discretion, terminate this Agreement, or terminate, limit or suspend the Client's participation in the Program without refund or waiver of monthly payments.  Client will still be responsible for and  liable to pay for the course, training or program costs previously agreed to.

RESOLUTION OF DISPUTES

If not first resolved by negotiation in good faith between the parties, the following Arbitration Agreement will apply. 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 mutually cooperate in the exchanging and expediting discovery as part of the arbitration process.  In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.  

Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your use of this website, or the services provided through the website, shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes.

Arbitration Location and Governing Law

The arbitration shall be conducted in the state of Arizona unless otherwise mutually agreed by the parties. The arbitrator shall apply the laws of the State of Arizona, without regard to its conflict of laws principles.

Class Action Waiver

Client and Ayni Publishing, LLC agree that any arbitration shall be conducted in an individual capacity only and not as a class action or other representative proceeding. The arbitrator shall not have authority to consolidate or join the claims of other persons or parties who may be similarly situated.

Judgment on Award

Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on the parties.

EQUITABLE RELIEF

In the event a dispute arises between the Parties for which monetary damages would be inadequate and where a Party would suffer irreparable harm in the absence of immediate relief, the injured Party may seek equitable remedies. This includes, without limitation, the right to apply to any court of competent jurisdiction for injunctive relief, a temporary restraining order, specific performance, or other equitable remedies, without the necessity of posting bond or proving actual damages.

NOTICES; BINDING EFFECT; NO WAIVER

Any notices required or permitted to be given under this Agreement may be delivered by personal delivery, certified or registered mail (postage prepaid, return receipt requested), or electronic transmission (including email or facsimile). Notices delivered personally shall be deemed received on the date of actual delivery. Notices sent by mail shall be deemed received three (3) days after the date of mailing. For purposes of this provision, “personal delivery” includes delivery by email or facsimile. Notices shall be sent to the following address unless otherwise specified by written notice:

Email: support@tomgraziano.com

This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

No breach of any provision of this Agreement shall be deemed waived unless expressly waived in writing. The failure of either Party to enforce any provision of this Agreement in any instance shall not be construed as a waiver of such provision in any other instance.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations, negotiations, and communications, whether written or oral, relating to such subject matter.

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona, United States of America, without regard to its conflict of law principles.

RESULTS DISCLAIMER

Every effort has been made to accurately represent our products and their potential results. While our materials have positively impacted many individuals, they are not intended as a guarantee or promise of personal growth, transformation, or success. Results will vary and are entirely dependent on the individual using our programs, tools, and techniques.

We do not claim that our products, services, or methods are the only, right, or definitive path to personal development, growth or change. Your level of success in attaining results depends on numerous factors, including—but not limited to—your commitment, time investment, background, experience, knowledge, and personal motivation. Since these elements differ widely among individuals, we cannot and do not guarantee your success or specific results. Furthermore, we are not responsible for any of your actions, decisions, or outcomes as a result of engaging with our materials.

Statements made regarding potential outcomes may use terms such as “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and similar language. These are forward-looking statements and are not guarantees of actual performance.

There are many variables that influence individual outcomes. Therefore, no guarantees are made that you will achieve results similar to those expressed in examples or testimonials. In fact, no guarantees are made that you will achieve any specific results from the use of our ideas, strategies, or materials.

MEDICAL AND PSYCHOLOGICAL DISCLAIMER: 

The information, techniques, and resources provided through our programs and materials are for educational and informational purposes only and are not intended as medical, psychological, or psychiatric advice. They are not a substitute for professional medical or mental health treatment, diagnosis, or therapy.

You should consult with a licensed healthcare provider, physician, psychologist, or other qualified professional before beginning any program or making decisions related to your mental, emotional, or physical health. If you are experiencing a medical or psychological emergency, please seek help from a medical professional or emergency services immediately.

We do not diagnose, treat, or cure any physical or mental health conditions, and nothing contained in our content should be interpreted as such.

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