Terms and Conditions - The nest 

By purchasing and participating in The nest Program and using The nest Services, you are agreeing to the following terms, effective on the date last signed below to indicate your agreement. Please read this Agreement carefully before purchasing, accessing or using proprietary materials created by Nora Alwah LLC (hereafter the “Company” “we” or “us”) which includes any written, audio/ visual presentations or documents associated with The nest Program.

These Terms and Conditions (“Terms and Conditions”) constitute a legally binding contract between Nora Alwah LLC. (“we,” or “us”) the Company and you regarding your participation in the Program and use of material. The applicable participation shall be deemed to be incorporated herein by reference in addition to the Company website’s terms of use (the “Terms of Use”) and privacy policy (“Privacy Policy”). These Terms and Conditions, the applicable Program, the Terms of Use, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your membership, these Terms and Conditions shall prevail over the Product; the Product shall prevail over the Terms of Use; and the Terms of Use shall prevail over the Privacy Policy.

1. The Product

You are receiving access for (1) person to The nest 2024 (referred to as “The nest Program,” “The nest Product,” “The nest,” “Program,” or “Product” from Nora Alwah LLC.

The nest Product includes live course access, two in-person retreats in Colorado and New York, course content and materials, other information and materials furnished by the Company (collectively, “Content”) and access to a website for members of the program (the “Site”). By purchasing The nest Product, you and the Company hereby agree to these Terms and Conditions, without modification, and acknowledge reading them.

2. Scope of Product

The nest Product includes the following services:

• Monthly training and coaching related to the topics of n’betweenerⓇ course, personal growth and development & anti-oppression content facilitated by the Nora Alwah LLC Team
• Two in-person retreats, where participants are responsible for their own lodging and transportation.
• Access to a private Participants group with the Nora Alwah LLC Team and fellow Participants;

The nest services outlined above are hereafter referred to as “Product” or “Program.”

(b) The Program may only be accessed while you are a current paying participant in the Program.

(c) Any additional services provided by Company to participant may require additional fees to be discussed and agreed upon by the parties.

3. The term

The term of this Agreement shall begin on the date of first payment for the Product or October 13, 2024, whichever is later, and end on March 15 2025.

4. Refund Policy

There are no refunds on The nest Program, without exception. To cancel your service, contact [email protected]

5. No Guarantees

We cannot guarantee the outcome of the Product and our comments about the outcome are expressions of opinion only. You acknowledge that we cannot guarantee any results of the Program as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.

6. Confidentiality of Participant Information

(a) Your Information: Any and all of your information and data of a confidential nature, including without limitation any and all personal information shared in private individual or group sessions in which confidentiality was the stated expectation (“Confidential Information”), shall be treated with its best efforts by the Company in the strictest confidence and not disclosed to third parties. Nor shall it be used by the Company for any purpose other than for providing you with the services specified in this Agreement without your express written consent, other than to comply with law. The Company shall use its best efforts to ensure your confidential information remains private within the Program. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of your Confidential Information. 

(b) Participant Information: You agree to keep confidential any Confidential Information, as defined in this Section 6(a), shared by fellow Participants in the Program. Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. You agree not to disclose, reveal or make use of any Confidential Information during discussions, on social media or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. You agree to use your best efforts to keep all Participants’ Confidential Information in strictest confidence and to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft. 

(c) Company Information: You agree to keep confidential any Confidential Information, as defined in this Section 6(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors also is confidential, proprietary, and belongs solely and exclusively to the Company. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on social media or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. You will keep Company’s Confidential Information in strictest confidence and will use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft. 

(d) Non-Disparagement: You agree to refrain, during and after participation in the Program, from making any written or oral statements or comments of a defamatory or disparaging nature to any third party in any media, regarding any Participant.  

(e) Violations of Confidentiality: You agree that if you violate or display any likelihood of violating this Section 6 of the Agreement, the Company and/or Participant(s) will be entitled to injunctive relief to protect against the harm of such violations. 

7. Intellectual Property

You agree that The nest Product contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with The nest Product solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use The nest Product or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from The nest Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

To be clear: please be aware that you may not create derivative works, that is, you may not use the Product as source material for something else you want to create; resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Nora Alwah LLC, The nest, or The nest Content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to The nest Product (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their respective rights in law and equity.

Company trademarks, service marks, graphics, and logos used in connection with The nest Product are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks. The Company will consider it a material breach of this Agreement if you misappropriate the Company’s intellectual property in the nest Product. 

Should such a material breach occur, the Company reserves the right to terminate any Participant’s access to the Program or the Materials if it is discovered that the participant has violated these terms and conditions. There will be no refund in the event a participant’s access is terminated because of a material breach of these Terms & Conditions. 

8. Additional Terms and Conditions

In signing this Agreement and taking the Program, you acknowledge that participating in any awareness expanding program may affect you in unanticipated ways, including feelings of discomfort and upset. You further acknowledge that you accept full responsibility for your participation and hold the Company blameless for any unexpected impact on you as a result of your participation in the Program. You agree to defend, indemnify and hold the Company harmless from and against any expenses, losses, liabilities, damages or claims including attorneys fees arising out of your participation in the Program. This provision shall survive completion or termination of the Program for any reason. 

Should a dispute arise between you and the Company with respect to this Agreement or your participation in the Program, you agree to attempt mediation first to resolve any differences before taking further action. In the event mediation is unsuccessful, this Agreement shall be governed by Colorado law and any adverse action with respect to it shall be filed in an appropriate venue in the courts of Boulder County. 

This Agreement is the final and complete agreement between you and  the Company regarding the Program and your use of the Content and supersedes any previous oral or written agreements or understandings. 

Please indicate and execute your concurrence with the Agreement by checking the box above.