Terms and Conditions

Who May Use the Services

The Site and our programs are intended for adults. By using the Services, you confirm that you are at least 18 years old and able to enter into a binding agreement. If you use the Services on behalf of an organization, you confirm that you are authorized to bind that organization to these Terms.

The Services

We provide educational content, a free video series, group programs, coaching-style experiences, live events, and speaking engagements focused on grief, resilience, and post-traumatic growth. Formats, content, schedules, and availability may change, and some offerings are paid while others are free.

Assumption of Risk and Release

Our content and programs may involve discussion of painful experiences, including loss and trauma. You take part voluntarily and remain responsible for your own wellbeing and decisions. You agree that your participation is at your own risk and that you are responsible for seeking professional or emergency help if you need it. To the fullest extent permitted by law, you release us from claims arising out of your participation, except for liability that cannot be waived under applicable law.

Accounts and Communications

If you submit a form or create an account, you agree to provide accurate information and to keep it current. You are responsible for activity that occurs through your submissions. By contacting us or signing up, you consent to receive emails and, if you provide a phone number and opt in, text messages, as described in our Privacy Policy. You can opt out of marketing messages at any time.

Purchases, Pricing, and Payment

• Prices, inclusions, and availability for each paid program are shown on its order page and may change at any time.
• Payments are processed by third-party providers. By purchasing, you also agree to the applicable processor and order-page terms.
• You authorize us and our processors to charge your selected payment method for the amounts shown, plus any applicable taxes and fees.
• You are responsible for providing accurate billing information and for any charges incurred under your payment method.

Subscriptions and Recurring Billing

Some offerings, such as a monthly membership, renew automatically until cancelled. By enrolling in a recurring offering, you authorize us and our processors to charge your payment method at the stated interval until you cancel. Cancelling stops future charges and does not retroactively refund completed billing periods unless stated otherwise on the order page or required by law.

Refunds and Cancellations

Refund and cancellation terms for each program are stated on its order page or in the materials you receive at the time of purchase. Please review them before you buy. Where no specific policy is stated, purchases are final to the extent permitted by law.

Free Content and Promotions

We may offer free content, trials, or promotions subject to additional terms. We may modify or discontinue any free offering at any time without notice.

Intellectual Property

All content on the Site and in our programs, including text, graphics, logos, audio, video, frameworks, and course materials, is owned by us or our licensors and is protected by copyright, trademark, and other laws. The names Neal Tricarico, The Endurant Way, and related marks may not be used without our written permission.

Your License to Use

We grant you a personal, limited, non-exclusive, non-transferable, and revocable license to access and use the Site and program materials for your own personal, non-commercial use. You may not copy, reproduce, distribute, publicly display, resell, or create derivative works from our content without our prior written consent.

Your Content

If you submit content such as messages, testimonials, or survey responses, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it to provide and promote the Services, consistent with our Privacy Policy. You are responsible for the content you submit and confirm that you have the right to share it and that it does not violate the rights of others.

Acceptable Use

You agree not to:

• Use the Services for any unlawful, harmful, harassing, defamatory, or infringing purpose.
• Interfere with or disrupt the Site, its security, or its operation.
• Attempt to gain unauthorized access to any part of the Services or related systems.
• Scrape, harvest, or collect information from the Site except as expressly permitted.
• Misrepresent your identity or impersonate any person or entity.

Testimonials and Results

Any stories, testimonials, or examples reflect individual experiences and are not promises or guarantees. Growth after loss is personal and varies, and outcomes depend on many factors outside our control. We do not guarantee any specific result.

Third-Party Links and Services

The Services link to third-party pages and tools, including order and opt-in pages. We are not responsible for the content, products, or practices of third parties, and your dealings with them are solely between you and them.

Disclaimers

The Site and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any content is accurate or complete.

Limitation of Liability

To the fullest extent permitted by law, we and our owners, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us for the specific Service giving rise to the claim during the twelve months before the claim, or one hundred US dollars. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

You agree to indemnify and hold us harmless from claims, damages, losses, liabilities, and expenses, including reasonable attorneys fees, arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

Dispute Resolution and Arbitration

Please contact us first so we can try to resolve any concern informally. If we cannot resolve it, you and we agree that any dispute relating to these Terms or the Services will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, seated in California, rather than in court, except that either party may bring a qualifying claim in small-claims court. You and we waive any right to a jury trial and agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class or representative action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.

Governing Law and Venue

These Terms are governed by the laws of the State of California and applicable United States law, without regard to conflict-of-law principles. To the extent any dispute is not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in California.

Changes to the Services and Terms

We may modify, suspend, or discontinue any part of the Services at any time. We may also update these Terms from time to time. The date at the top shows the latest revision, and your continued use of the Services means you accept the updated Terms.

Termination

We may suspend or end your access to the Services at any time if you violate these Terms or for any other lawful reason. Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

General

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.

Contact Us

Ultimate Growth, Inc. operates this Site under the names Neal Tricarico and The Endurant Way. Questions about these Terms? Email privacy@nealtricarico.com or reach us through our contact page.