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Terms

Website Terms and Conditions of Use

  1. About the Website

  2. Welcome to http://www.jenbutler.com.au (the 'Website'). The Website provides support through online courses and digital products (the 'Services').

 

  1. The Website is operated by RT & JM Butler PTY. LTD. (ACN 634594166) . Access to and use of the Website, or any of its associated Products or Services, is provided by RT & JM Butler. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

 

  1. RT & JM Butler reserves the right to review and change any of the Terms by updating this page at its sole discretion. When RT & JM Butler updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

 

  1. Acceptance of the Terms

 

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by RT & JM Butler in the user interface.

 

  1. Subscription to use the Services

 

  1. In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').

 

  1. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

 

  1. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').

 

  1. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

 

  • Email address

 

  • Preferred username

 

  1. You warrant that any information you give to RT & JM Butler in the course of completing the registration process will always be accurate, correct and up to date.

 

  1. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

 

  1. You may not use the Services and may not accept the Terms if:

 

  • you are not of legal age to form a binding contract with RT & JM Butler; or

 

  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

 

  1. Your obligations as a Member

 

  1. As a Member, you agree to comply with the following:

 

  • you will use the Services only for purposes that are permitted by:

 

  • the Terms; and

 

  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

 

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RT & JM Butler of any unauthorised use of your password or email address or any breach of security of which you have become aware;

 

  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of RT & JM Butler providing the Services;

 

  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of RT & JM Butler;

 

  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

 

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by RT & JM Butler for any illegal or unauthorised use of the Website; and

 

  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

  1. Payment

 

  1. Where the option is given to you, you may make payment of the Subscription Fee by way of:

 

 

  • Credit Card Payment ('Credit Card')

 

  • PayPal ('PayPal')

 

  • Stripe

 

  1. All payments made in the course of your use of the Services are made using Stripe, Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe, Paypal terms and conditions which are available on their website.

 

  1. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .

 

  1. You agree and acknowledge that RT & JM Butler can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

 

  1. Refund Policy

 

RT & JM Butler will only provide you with a refund of the Subscription Fee within the first 7-days of signing up to the course or digital product. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

 

  1. Life Time Access and Course Community

 

RT & JM Butler offers 'lifetime' access to the course and digital products, meaning you will have access to the course and digital products so long as the course or digital products remain active and current. If RT & JM Butler decide to cease the course or digital product, this too will release your access to the course material. You will be given 60-days notice if the course or digital product is to be discontinued.

 

  1. Copyright and Intellectual Property

 

The Website, the Services and all of the related products of RT & JM Butler are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by RT & JM Butler or its contributors.

  1. All trademarks, service marks and trade names are owned, registered and/or

 

9.1. licensed by RT & JM Butler, who grants to you a worldwide, non-exclusive,  
   
  royalty-free, revocable license whilst you are a Member to:  
  (a) use the Website pursuant to the Terms;  
  (b) copy and store the Website and the material contained in the Website in  
    your device's cache memory; and  
  (c) print pages from the Website for your own personal and non-commercial  
    use.  

 

 

RT & JM Butler does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by RT & JM Butler.

 

  1. RT & JM Butler retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

 

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

 

  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

 

  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

 

to you.

 

  1. You may not, without the prior written permission of RT & JM Butler and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

 

 

  1. Privacy

 

  1. RT & JM Butler takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to RT & JM Butler's Privacy Policy, which is available on the Website.

 

  1. General Disclaimer

 

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

 

  1. Subject to this clause, and to the extent permitted by law:

 

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

 

  • RT & JM Butler will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

 

  1. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of RT & JM Butler make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of RT & JM Butler) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

 

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

 

  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

 

  • costs incurred as a result of you using the Website, the Services or any of the products of RT & JM Butler; and

 

  • the Services or operation in respect to links which are provided for your convenience.

 

  1. Limitation of liability

 

  1. RT & JM Butler's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

 

  1. You expressly understand and agree that RT & JM Butler, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

 

  1. Termination of Contract

 

  1. The Terms will continue to apply until terminated by either you or by RT & JM Butler as set out below.

 

  1. If you want to terminate the Terms, you may do so by:

 

  • providing RT & JM Butler with 7 days' notice of your intention to terminate; and

 

  • closing your accounts for all of the services which you use, where RT & JM Butler has made this option available to you.

 

Your notice should be sent, in writing, to RT & JM Butler via the 'Contact Us' link on our homepage.

 

  1. RT & JM Butler may at any time, terminate the Terms with you if:

 

  • you have breached any provision of the Terms or intend to breach any provision;

 

  • RT & JM Butler is required to do so by law;

 

  • the provision of the Services to you by RT & JM Butler is, in the opinion of RT & JM Butler, no longer commercially viable.

 

  1. Subject to local applicable laws, RT & JM Butler reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts RT & JM Butler's name or reputation or violates the rights of those of another party.

 

  1. Indemnity

 

  1. You agree to indemnify RT & JM Butler, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

 

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

 

  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

 

  • any breach of the Terms.

 

  1. Dispute Resolution

 

  1. Compulsory:

 

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

 

13.2. Notice:

 

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

 

13.3. Resolution:

 

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

 

  • Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

 

  • If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

 

 

  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

 

  • The mediation will be held in Nathalia, Australia.

 

13.4. Confidential:

 

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

 

13.5. Termination of Mediation:

 

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

  1. Venue and Jurisdiction

 

The Services offered by RT & JM Butler is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

 

 

  1. Governing Law

 

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

  1. Independent Legal Advice

 

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

 

  1. Severance

 

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

 

Raising Newborns Terms and Conditions

 

  • Introduction

It is very important that you read this document carefully before you sign it.

By ticking the box in Kajabi this Program Agreement, you are entering into a legally binding contract, so please consider carefully whether this Agreement is right for you and contact me/us before you sign if you have any concerns.

If anything in this Program Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations. I/We encourage you to negotiate any clause of this Agreement that feels unfair to you.

It is our my/our aim to support families in understanding and meeting their baby feeding, sleep, health and development needs from birth through to 4-months of life. However, I/we recognise that from time to time there may be reason for some dissatisfaction. We welcome constructive feedback as an opportunity to review and improve our practices. Please feel free to contact us at [email protected] to discuss any issues that arise.

Raising Newborns is for parents of babies aged birth to 4-months.. It’s also suitable for pregnant families who want to learn ahead of the birth of their baby what to expect and how to look after their child.

The Parties

Raising Newborns Agreement is between:

I, Jennifer Butler am offering you Raising Newborns/the ‘Program’ in accordance with the terms of this agreement. While I will be personally created the Raising Newborns, the legal entity through which I operate is a company:

RT & JM Butler Trading as Jen Butler Early Parenting Support

ACN 634594166

Address: 22 Bindon Street Nathalia, VICTORIA, 3638

Email for Correspondence: [email protected]

Director: Jennifer Butler

Presenter: Jennifer Butler

By ticking the box at checkout and purchasing the membership, you personally agree to become a member of Raising Newborns and to be bound by the terms of this agreement.

 

 

  • Definitions and Interpretation

Definitions

The following words have these meanings in this Program Agreement:

Intellectual Property Rights means all statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, methods, database rights and all other intellectual property rights;

Payment

Payment Terms

You agree to pay the program fees as follows:

  • $397 pay in full, which offers lifetime access to the program
  • 3x monthly payments of $149, which offers lifetime access to the program

Any failed payments will see immediate removal of access to the Program content.

Payment will be received via Stripe or Paypal (Direct Deposit also accepted if requested, please email [email protected]).

Debt Recovery 

The member agrees to pay all costs, including debt collection agency fees and solicitor’s costs, incurred by me in taking steps to recover any monies owing to myself by the member whether or not legal proceedings are issued for recovery of the monies.

  1.       The Program

Program Content and Structure

Raising Newborns has been designed to provide parents with knowledge, advice and support on understanding and looking after your baby in their first 4-months of life.

The program will teach you the key knowledge and skills you need to know to understands your baby’s feeding, sleep, health and development in their first 4 years:

Module One: Expectations- designed to create realistic feeding, sleep and development expectations in the first 4-months.

Module Two: Set The Scene- a focus on feeding establishment and building a sleep promoting environment. 

Module Three: Sleep Timing- teaching the foundations of understanding when your baby needs to sleep, and how much sleep they need.

Module Four: Settling- settling techniques and lessons to assist crying babies and settling to sleep. 

Module Five: Opportunity- teaching you how to bring in age appropriate opportunity for your baby.

Module Six: Troubleshooting- a mix of lessons designed to teach you how to understand and troubleshoot common feeding, sleep and development issues.

The content inside the program may continue to be added to ad hoc as needed.

Lifetime Access

‘Lifetime’ pertains to lifetime of the course. If I decide to retire the course, you;ll be notified via email and offered a 14-day period to download the course content to your private computer.

Program Methodology

ONLINE LEARNING PORTAL [in Kajabi], which will contain the pre-recorded lessons on your baby feeding, sleep, health and development.

 

Program Participation

The success of the program relies on your readiness to listen to/watch the lessons and apply the learnings taught in the lessons. 

The program is self-paced, however, If a member feels they need more time and closer, tailored support with me, they are able to book a 1:1 consultation (subject to availability), or join the Happy Baby Code Membership (please email me [email protected]).

  1.       My Responsibilities to You

Obligations

I take full responsibility for the content outlined in the membership

The content provided within the program is reviewed and updated every 6-12-months to correlate with current evidence and changes in practice

The content is created based on my education as a Registered Nurse, Midwife and Maternal and Child Health Nurse, International Board-Certified Lactation Consultant, Certified Sleep Consultant and Circle of Security Facilitator, along with my own parenting experience and working with other clients.

I agree to delivering the content with highest level of knowledge and professionalism.

I endeavour to always provide the latest information and research to support the content and advice I offer, however I make no promises regarding the accuracy, relevance or quality of the content or the methods used in my work.

5.       Member Responsibilities

Obligations

As a member, you commit to implementing the knowledge and advice as recommended by myself to see results.

The advice within the program is designed to work alongside your principal health professionals. The advice within the program does not replace reviews from a health professional.

When you as a member required closer, more tailored support it is up to you as a member to book in a 1:1 consult with me at the closest available time based on your availability as well as mine.

Resources

You will need a phone or computer with a camera and audio to listen to the

You will need a working internet connection to connect to Kajabi online learning platform.

 

Audio-visual Recordings

The membership content is pre-recorded and is stored inside the online learning platform.

Only paying members have access to the online learning platform. If lessons are shared to non-paying members, members will have their access removed immediately.

 

Program Details

It is your responsibility to ensure that the details provided by you in Schedule 1 are correct. These details will be used to maintain our database of current members, notify you of changes to the program and provide you with updates to ensure you get the most value from your program.. Should your details change at any time you must notify me of the change as soon as possible.

 

Correspondence

I will correspond with you via email.

I will not answer individual questions relating to your baby or toddler via email, Facebook Messenger or Instagram Direct Message.

Non-competition

The framework taught inside Raising Newbirns  is for your knowledge and application only. The framework, or any of the individual methods taught within the program are not to be shared and taught for your own professional or financial gain.

 

6.       Relationship of the Parties

The member engages me to provide the program through its employees and agents. The relationship between the member and me is that of a principal and independent contractor.

Nothing contained in this Agreement will constitute or deem me or any of its employees or agents to be a partner, employee or agent of the member (or vice versa).

 

7.       Disclaimer

Important Information

The program is designed to teach you the knowledge and skills to understand your baby in their first 4-months. It teaches the core feeding, sleep, health and development skills and knowledge relevant from birth to 4-months.. It does not, however, replace the review and care from your primary health practioner/s.

If you believe your child needs a review of their health, it is up to the member to organise individual and 1:1 review and care by an appropriate health care practitioner.

I am able to provide an overview of relevant health professionals who can support you with your health concerns.

As a Registered Midwife, Maternal and Child Health Nurse, International-Board Certified Lactation Consultant, Certified Sleep Consultant and Circle of Security Facilitator, I am qualified to deliver this program content, as well as offer my 1:1 consults for individualised support and guidance.

To see results and improvements with your baby, it requires your participation in watching the membership content, putting the advice and skills into action consistently, and additional 1:1 support as necessary to see results.

Source of Claims

By being a member of Raising Newborns, it has the potential to significantly reduce overwhelm and anxiety as a parent, and give you the clear steps and how-to in supporting your baby.. It’s impossible to guarantee these results due to the many variables that impact a baby wellbeing.

Guarantees and Warranties

I do not guarantee results due to many variables that impact the outcomes of your baby feeding, sleep, health and development.

Results depend on factors included (not limited to) your consistency and application in advice, your baby’s iindividual health and wellbeing, your own personal health and wellbeing, the amount of family support, and many more factors.

As a result, I do not offer warranties or returns of money. 

Limitations

For lessons outside my education or qualifications, I will bring in experts to present on the topic.

8.       Intellectual Property & Privacy

My Confidential Information

As members of Raising Newborns, you have access to a framework and methodology that is my own intellectual property.

Given so, this methodology and framework is not to be repurposed for your own professional or financial gain, or copied in any form.

Any information disclosed as a member of Raising Newborns as a pre-program screen remains confidential (such as age of child, birth date, parents and childs name, individual concerns), and I am obligated to not disclose this information to anyone without your expressed consent.

Copyright

I retain copyright over all the information, methodologies and frameworks shared inside the program.. This means I must be identified as the author of the work and have the rights over how it’s published, shared or sold.

The lessons, workbooks and all assets of the program are for personal use only, they can not be printed and redistributed to parties outside the program or for your own personal or financial gain.

Staff Confidentiality

I employ virtual assistants are bound by staff confidentiality agreements to keep your personal information safe.

9.       Dispute Resolution

Negotiation

If either of us has any concerns arising out of this Agreement or your participation in the Program, we agree that we shall communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion.

All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the Parties and their representatives unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

Alternative Dispute Resolution

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator.

The mediator is to be appointed by agreement between us or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: [email protected]) or the Chair’s designated representative.

The Resolution Institute Mediation Rules shall apply to the mediation

We agree to share the costs of mediation equally between us.

Litigation

It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief that we have first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted

Mutual Non-Disparagement

Each of the parties agrees that it shall not publicly or privately disparage the other or the agents, servants or employees of the other, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with the business and/or personal interests of the other

10. Limitation of Liability

In no event will I be liable to the Member for costs, loss, injury or damage to the Member or the Member’s belongings [that is not directly attributable to the negligence of me or its employed staff].]

You agree that your participation in the Program, including all activities with the Programs, is entirely voluntary. You expressly agree to accept all risk of injury and/or damage that may arise from your participation

You expressly agree that if this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount paid to me under clause 3(a)(i).]

11. General Provisions

Jurisdiction

The validity, interpretation and performance of this Program Agreement will be governed by the law of Victoria, Australia.

Whole Agreement

This Program Agreement comprises the whole agreement between the parties concerning the Program and replaces any prior agreement, arrangement or understanding regarding the Program..

Variation

Any variation to this Program Agreement must be in writing and signed by the Member and myself.

Survival of clauses

Clauses 3, 9, 10, 11 and 12 are essential terms of this Program Agreement and survive the termination of the Agreement for any reason.

Severability

If any part of this Program Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Program Agreement.

Counterparts

This Program Agreement may be signed in any number of copies. All signed identical copies, taken together, constitute one Agreement. A party may execute this agreement by signing any identical copy.