Terms and Conditions
Governing Entity: Bear Medicine LLC (operating as “The McKay Method® School of Energy Healing,” “Bear McKay,” “we,” or “us”)
Binding Agreement: By purchasing, accessing, or participating in any product, service, membership, tool, or experience offered by The McKay Method® School of Energy Healing (collectively, the “Services”), you (“Client,” “Participant,” or “User”) agree to these Master Terms of Use as well as any applicable Product Addendum. These Terms are legally binding and intended to protect both you and The McKay Method® School of Energy Healing.
1. General Scope & Structure
These Master Terms apply to all Services unless replaced by a specific Product Addendum. Each Addendum provides details such as deliverables, payment schedules, refund rules, and access rights.
Both the Master Terms and Addendum apply together. Where the Addendum is different, its terms prevail.
By completing a purchase or using any content, you confirm that you have read, understood, and accepted these Terms and any relevant Addendum in full.
2. Intellectual Property, License & Prohibited Uses
2.1 Ownership
All intellectual property—including copyrights, trademarks, trade secrets, and other proprietary rights—remains the property of The McKay Method® School of Energy Healing. This includes videos, modules, audios, written content, downloads, community materials, and training resources. No ownership transfers to you.
2.2 License
When you purchase or are given access, you are granted a limited, revocable, non-exclusive, non-transferable license to use the content for personal or internal business purposes only.
2.3 Prohibited Uses
You may not, without prior written approval:
- Copy, edit, or distribute content;
- Share content with non-purchasers;
- Claim authorship;
- Use content in your own programs, products, or trainings;
- Apply content for client services, team trainings, or corporate use;
- Share login details with others.
2.4 Enforcement
We monitor for unauthorized use. Violations may lead to immediate loss of access (without refund), legal action, and all available remedies.
2.5 Access Limits
Unless stated otherwise in writing:
- Services are licensed to one person;
- Credentials may not be shared;
- Multi-user or corporate access requires a separate license;
- Reselling or redistributing access is prohibited.
Violations may lead to suspension or termination of access without refund.
2.6 Gifted Access
When free access is granted, it is non-transferable, may exclude certain benefits, and may be revoked for misuse or inactivity. Unauthorized use or resale will result in immediate revocation.
3. Payment Terms & Chargeback Policy
3.1 Payment Authorization
By purchasing, you authorize us to process the transaction under the terms provided at checkout and in the relevant Addendum. You must keep payment and billing details accurate and current.
3.2 Installment Plans
If you use a payment plan:
- All installments are due in full, regardless of satisfaction or completion;
- You authorize scheduled charges;
- Failed payments must be corrected within 5 days. After two failed attempts, your account may be suspended and the balance sent to collections.
- Suspension does not cancel your responsibility to pay.
3.3 Non-Payment
If overdue payments are not fixed:
- Access may be suspended or revoked permanently;
- Deliverables, bonuses, or support may be withheld;
- Balances may be collected through legal means.
3.4 No Withholding
You may not withhold or offset payments for any reason unless legally required.
3.5 Chargebacks
Before filing a chargeback, you must first email [email protected] and allow 14 business days for resolution. Unwarranted chargebacks may result in:
- Termination of Services;
- Formal dispute of the chargeback;
- Reporting of misuse to processors;
- Recovery of fees and damages.
3.6 Taxes & Currency
You are responsible for any taxes, duties, or conversion fees. Payment must be made in the stated currency.
4. Refund Policy
4.1 General Rule
Unless stated in a Product Addendum, all sales are final and non-refundable. You acknowledge you reviewed the description and waive any cancellation rights except as required by law.
4.2 Conditional Guarantees
If a Service includes a guarantee, you must meet all requirements (e.g., complete coursework, attend/view calls, submit proof of implementation) by the deadlines to qualify.
4.3 Refund Requests
Requests must:
- Be submitted in writing by the stated deadline;
- Include your full name, purchase email, and proof of completed work.
We will respond within 10 business days. Approved refunds are processed within 30 days.
4.4 No Refund Situations
Refunds are not provided for:
- Change of mind or circumstances;
- Lack of participation;
- Dissatisfaction when content matches the description;
- Missed deadlines or incomplete work.
4.5 Payment Plans
If a refund is denied, you must complete all remaining installments.
4.6 Final Decision
Refund eligibility is determined solely by The McKay Method® School of Energy Healing.
5. Access & Delivery
5.1 Delivery Methods
Services may be delivered through:
- Live video sessions (e.g., Zoom);
- Recorded modules, audio trainings, or masterclasses;
- Digital portals or platforms (e.g., Kajabi);
- Downloadable resources such as workbooks, templates, or scripts.
The delivery format for each Service will be stated at checkout or in the Product Addendum. We may update or switch platforms as needed, provided the core content remains available for the promised access period.
5.2 Access Timelines
Unless otherwise specified:
- Digital products include at least six (6) months of access;
- Memberships are accessible only while payments are current;
- Live programs may include limited-time replay access;
- “Lifetime access” refers to the lifetime of the program (while it is actively supported by us). Programs may be retired with at least 30 days’ notice.
5.3 Replay and Recording Availability
When sessions are recorded, replay availability and expiration will be stated in onboarding or the Addendum. We are not responsible for replay availability if third-party platforms fail.
5.4 Content Updates and Retirements
We may update, replace, or retire outdated materials at any time. Prior versions are not guaranteed to remain available. If a Service is retired, lifetime or guaranteed access ends with retirement, subject to the 30-day notice rule.
5.5 Monitoring and Compliance
We may monitor use of portals, downloads, and communities to ensure compliance. Violations may result in suspension or termination of access without refund.
6. Platform Dependencies
6.1 Third-Party Platforms
Many Services rely on third-party platforms (e.g., Kajabi, Zoom, Meta, Vimeo, Google Drive). You may need to create and maintain your own accounts on these platforms.
6.2 Availability and Changes
We are not responsible for downtime, outages, or changes made by third-party platforms. If a platform limits or removes access, we may at our discretion:
- Move content to a new platform;
- Offer an equivalent replacement; or
- Retire the affected portion (without refund) if the core Service remains intact.
6.3 Compliance
Your use of third-party platforms is subject to their terms and policies. We are not responsible for violations on your part.
6.4 APIs and Integrations
Some Services rely on external APIs or integrations. We do not guarantee indefinite functionality and are not liable for changes by third parties.
6.5 Lifetime Access Limits
“Lifetime access” is dependent on third-party hosting. If a platform discontinues, we may offer an alternative at our discretion but are not obligated to recreate retired content.
7. Testimonials, Recordings & Public Comments
7.1 Consent
By participating in Services, you agree that feedback, comments, posts, or testimonials may be recorded, collected, and used for educational or promotional purposes.
7.2 Recorded Calls
Group calls, masterclasses, Q&A, and some 1:1 sessions may be recorded. By joining, you consent to your voice, image, and contributions being used in training archives or marketing.
7.3 License
You grant us a worldwide, perpetual, royalty-free license to use, edit, and publish your testimonials or recorded contributions.
7.4 Identification
Your name (first name & initial of last name), likeness, or other identifying details may appear unless you request otherwise in writing.
7.5 No Privacy Guarantee
Comments made in group or community settings should not be considered private.
7.6 No Compensation
You will not receive compensation for use of testimonials or recordings.
8. Community Standards
8.1 Purpose
Our communities are intended to provide a respectful and supportive environment.
8.2 Respectful Engagement
All participants must treat others with professionalism and courtesy. Disagreements should remain constructive.
8.3 Confidentiality
You agree to keep peer and coaching discussions confidential unless permission is granted to share.
8.4 Prohibited Conduct
You may not engage in harassment, discrimination, defamation, threats, unsolicited pitching, or share unsafe/illegal content.
8.5 Intellectual Property Respect
You may not copy or distribute proprietary strategies or resources shared in communities.
8.6 Enforcement
We may remove participants for violations without refund and revoke access to related content.
8.7 No Privacy Guarantee
Confidentiality is expected but cannot be fully guaranteed in group settings. Share at your discretion.
9. Disclaimers & No Guarantees
9.1 Educational Purpose
All Services are for educational purposes only. Nothing should be considered medical, financial, legal, or therapeutic advice.
9.2 No Guarantees
We do not guarantee outcomes or earnings. Testimonials are examples only.
9.3 Assumption of Risk
All decisions based on our content are your responsibility.
9.4 Compliance with Laws
You must ensure your use complies with laws and standards in your area.
9.5 Third-Party Tools
We are not responsible for outages or policy changes from third-party tools.
9.6 Release of Claims
To the fullest extent permitted by law, you release us from liability for any damages or losses related to your use of our Services.
10. Limitation of Liability
10.1 Maximum Liability
Our liability is capped at the amount you paid for the specific Service giving rise to the claim.
10.2 Excluded Damages
We are not liable for indirect, special, or consequential damages, including loss of profits, data, or goodwill.
10.3 Third-Party Platforms
Limitations apply equally to third-party tools (see Section 6).
10.4 Force Majeure
We are not responsible for failures caused by events outside our control (e.g., natural disasters, pandemics, government actions).
10.5 Allocation of Risk
You agree that these limitations are fundamental to our ability to offer Services.
11. Governing Law & Dispute Resolution
11.1 Governing Law
This Agreement is governed by the laws of Montana, USA.
11.2 Good Faith Resolution
Disputes must first be attempted in good faith through written communication.
11.3 Binding Arbitration
If unresolved, disputes will be handled through binding arbitration (AAA, Gallatin Montana County, or remotely if needed). Arbitration is final and confidential.
11.4 Waiver of Class Actions and Jury Trials
Both parties waive class actions and jury trial rights.
11.5 Small Claims Court
Either party may use small claims court if within its jurisdiction.
11.6 Attorneys’ Fees
The prevailing party in any arbitration or enforcement action may recover reasonable attorneys’ fees.
12. Amendments
12.1 Right to Modify
We may update these Terms, Addenda, or policies at any time to reflect changes in services, laws, or technical needs.
12.2 Notice of Material Changes
For significant updates (e.g., refunds, dispute resolution), we will notify you via email or platform notice.
12.3 Effective Date
Changes take effect immediately upon posting unless otherwise stated. Continued use equals acceptance.
12.4 Version Control
We may keep prior versions for reference. The version in effect at purchase (unless legally overridden) applies.
13. Contact & Support
13.1 Contact Channel
All inquiries must be sent to [email protected]. Other channels may not be monitored.
13.2 Response Times
We aim to respond within 2–3 business days (excluding holidays). Complex issues may take longer.
13.3 Client Responsibilities
You are responsible for monitoring your email, providing requested info promptly, and notifying us if delays occur.
13.4 Limitations
We are not responsible for missed deadlines caused by client delays, outdated devices, or third-party outages.
13.5 Scope
Support includes access/navigation help and policy clarification. It does not include private coaching or unrelated tech support unless included in your tier.
14. Low-Ticket Offers (LTOs)
14.1 Definition
“Low-Ticket Offers” are digital products under $500.
14.2 All Sales Final
All LTO purchases are final and non-refundable.
14.3 License
Purchases grant a single, non-transferable license. Resale or group use requires separate approval.
14.4 No Coaching
LTOs do not include coaching, private feedback, or community access unless specifically stated.
14.5 Platform Dependency
Some LTOs rely on third-party tools. We are not responsible for outages or policy changes by those providers.
14.6 Compliance
You must comply with all applicable laws and platform rules.
14.7 AI Disclaimer
Some products may include modified (by humans) AI content. Outputs are suggestions only and must be reviewed by you.
14.8 Modifications
We may update or retire LTO content, keeping purchased materials accessible for the stated term.
15. Acceptance & Electronic Signature
By completing a purchase or accessing Services, you:
- Confirm you have read and agree to these Terms (and any Addenda);
- Consent to electronic acceptance, which carries the same legal force as a handwritten signature;
- Affirm you are at least 18 and legally capable;
- Understand continued use means ongoing acceptance of updated Terms;
- Agree to resolve disputes as outlined in Section 11.
If you do not agree, you must not purchase or use any Services.