Legal Stuff
The information contained in this website is for general information purposes only. The information is provided by The Added Element Retreat / Creative Catalyst LLC and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of The Added Element Retreat / Creative Catalyst LLC. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, The Added Element Retreat / Creative Catalyst LLC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Terms and Conditions
These terms of service (TOS) govern your use of this website as well your use of any products or services provided by The Added Element Retreat / Creative Catalyst LLC. By accessing our websites, or by using our products and services, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change at any time. Your use of this site, or our products and services, after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly for updates.
These terms of service apply to your use of all of the sites and services owned or operated by Creative Catalyst LLC (collectively “we,” “us,” or “our”), including HumanEntelechy.com, MyCreativeCatalyst.com and any other site that we have owned or operated, do own and operate or may own or operate in the future.
If you need to reach us, please contact customer support at: lynn@mycreativecatalyst.com
Or, you can mail us at:
Creative Catalyst LLC
PO Box 1626
Leander, TX 78646
Audio/Voice Release
By participating in any live events, teleseminars or webinars by The Added Element Retreat / Creative Catalyst LLC, you understand that these events may be recorded. You agree that The Added Element Retreat / Creative Catalyst LLC has the right and permission to use such recordings should they include your name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification. You understand and agree that all recordings are the exclusive rights of The Added Element Retreat / Creative Catalyst LLC and you will not ask for or expect compensation for the use of recordings or photographs in which you appear or speak. The Added Element Retreat / Creative Catalyst LLC owns all rights of any audio, video, and/or photograph images captured during any of our live events.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without express prior written consent by Lynn Scheurell / The Added Element Retreat / Creative Catalyst LLC. For example, you may not (and may not authorize any other party to) co-brand this site, or frame this site, without the express prior written permission of an authorized representative of our company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other website owned, operated, licensed, or controlled by Creative Catalyst LLC is the proprietary information of Creative Catalyst LLC or the party that provided the Content to us, and Creative Catalyst LLC or the party that provided the Content to Creative Catalyst LLC retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Creative Catalyst LLC, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates The Added Element Retreat / Creative Catalyst LLC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Disclaimers
The information, services, products, claims, webinar / seminar topics and materials on our websites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies for success listed on this site as well as those that are provided in our services, products or to our participants in our online trainings and at our live events. The only exception is the guarantees of satisfaction that are clearly labeled guarantees within our websites. We do not warrant that any functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that the websites or the server that makes them available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in our websites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on our websites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation On Liability
The Added Element Retreat / Creative Catalyst LLC, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if The Added Element Retreat / Creative Catalyst LLC has been advised of the possibility of such damages. In no event will the collective liability of The Added Element Retreat / Creative Catalyst LLC and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to The Added Element Retreat / Creative Catalyst LLC for the applicable content, product or service out of which liability arose.
Indemnity
You will indemnify and hold The Added Element Retreat / Creative Catalyst LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from any of our websites.
Parental Permission
Our websites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and The Added Element Retreat / Creative Catalyst LLC arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The Added Element Retreat / Creative Catalyst LLC may revise these Terms of Use at any time by updating this posting.
Earnings Disclaimer
When addressing financial matters in any of our websites, videos, emails or other content, we’ve taken every reasonable effort to ensure we accurately represent our work in the ability to improve your life, enhance your career or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes”. Nothing in any of our communications is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our communications are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that, by law, we make no guarantees that you will achieve any results from our ideas or models presented, and we offer no professional legal, medical, psychological or financial advice.
Waiver of Liability
In consideration of the risk of injury while participating in The Added Element Retreat (the “Activity”), and as consideration for the right to participate in the Activity, you hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result of your participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
You are voluntarily participating in the aforementioned Activity and are participating in the Activity entirely at your own risk. You are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. You understand that these injuries or outcomes may arise from your own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, you assume all related risks, both known or unknown to you, of your participation in this Activity, including travel to, from and during this Activity.
You agree to indemnify and hold harmless The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by you or by anyone else acting on your behalf. If The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell incurs any of these types of expenses, you agree to reimburse The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell.
You acknowledge that The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell.
You acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you otherwise have to bring a legal action against The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell, its agents, and employees.
In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
In the event that any damage to equipment or facilities occurs as a result of you or your family’s willful actions, neglect or recklessness, you acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both you and The Added Element Retreat and/or Creative Catalyst LLC and/or Lynn Scheurell agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.