Welcome to https://yu2shine.com (the “Website“). The Website is owned and operated by YU2SHINE, LLC (“YU2SHINE“, “us” or “we“).
2. PRIVACY AND YOUR ACCOUNT
4. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than audio materials), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
5. USE AND PROTECTION OF PASSWORD AND ID.
YU2SHINE will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and YU2SHINE shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND RRI, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify YU2SHINE of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
6. SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). YU2SHINE may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to YU2SHINE.
You may post reviews, comments, submit suggestions, ideas, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content.
8. CONTENT LINKED TO THE WEBSITE
9. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE, ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
YU2SHINE life and business coaching, NLP, Hypnosis, EFT, Quantum Touch, ThetaHealing, and other modalities used provide impressive results for most people but there is no guarantee they will achieve your goals or be as beneficial as they are for most people. Please consult your own physician and/or therapist regarding your participation.
Every time you request services with YU2SHINE, LLC, you understand that Victoria Rader YU2SHINE and any and all of YU2SHINE affiliates are not licensed medical doctors, practitioners or therapists. This coaching/healing session is not meant to diagnose or treat any disease, but rather it is intended to provide information that will promote the conditions under which natural healing skills and abilities are strengthened. It is designed to give insights into innate healing potential and guide toward a more healthy and balanced lifestyle. You also realize that the sessions are for increasing coping skills, teaching how to manage stress in creative, healthy ways and to help eliminate unhealthy habits.
You certify that your participation is of your own free will and you accept complete responsibility for your well being at all times. If are you currently undergoing medical or psychological treatment or you are currently receiving treatment or counseling, you agree to request a referral letter from your physician prior to participation. In case of not providing Victoria Rader YU2SHINE or any and all of YU2SHINE affiliates you further certify that you are a healthy individual and that you are physically and psychologically fit to fully participate, and you know of no reason, nor have you been informed by you physician or psychologist of any reason, why your participation would do you harm of any nature.
You agree to release and hold harmless YU2SHINE and all of it’s affiliates from any claim arising out of any portion of these sessions in which you are voluntarily participating, including any claim for physical and/or mental injury to yourself, whether caused by negligence or otherwise. You also understand that although these sessions may raise emotional issues, it is not intended to provide a therapeutic environment or be a substitute for ongoing counseling or psychotherapy. Resolution of any issues which may surface and which may warrant counseling will be your sole responsibility and will be undertaken in your sole discretion and at your own expense. You are clear that you are not being treated for specific medical problems.
I clearly understand that all services rendered to me are to be paid in full directly before our session or service.
For further sessions I shall give the office coordinator a minimum of 24 business hours notice in the event of a cancellation. I understand if I fail to comply, I shall be charged the amount of service scheduled. I also take responsibility for being on time for my appointment, and I shall be charged for the full scheduled appointment time.
Coaching, NLP, Hypnosis, EFT, Quantum Touch, Quantum Freedom, ThetaHealing and any other energy healing sessions are kept strictly confidential between the client and practitioner.
You have read all the above paragraphs and understand and accept the policies as stated, as well as acknowledge Notice of Privacy Practices.
10. COACHING SERVICES: Description, Objectives, Terms, and Agreement of Services
Description: Coaching is an on-going conversation where we provide encouragement, guidance and honest feedback, as YOU pursue YOUR personal and professional goals. We fully expect you to grow your business and expand your life, by attaining your goals. In today’s competitive environment, some of the most successful business leaders have experienced tremendous benefits from coaching. Results have included increased revenue and productivity, career advancement, higher employee retention, and the development of more effective business strategies. YOU will define the agenda. YOUR results will vary depending on how long we work together and what actions YOU take.
Objectives: Our responsibility is to provide content, insight, tools, wisdom, framework, ideas, and feedback. YOUR responsibility is to move from awareness to action and accountability. Our coaching provides many structures for you to meet your individual and organizational goals.
The objectives of coaching include, but are not limited to:
- Adding an objective and supportive third party to you
- Increasing accountability of your personal and professional goals
- Improving specific skills related to your role. Such as managerial skills, communication, conflict resolution, time management, productivity, and effectiveness
- Sharing best practices from other organizations that have done similar work
- Reviewing strategic business decisions related to operations, customer service, marketing, financials, and more
- Being a sounding board
- Preventing problems, thereby avoiding expensive, time consuming or embarrassing actions
- Supporting your growth past your limiting beliefs
- Relationship development
- Conflict resolution
- Creating a team atmosphere
- Energy Psychology and Hypnosis Modalities
Terms: Payments for coaching are to be made before services are provided, and as agreed prior to service.
Our goal is to begin and end our sessions or calls on time. If you need to reschedule, 24-hours advance notice is required or one-half of the coaching session is lost. If for some reason our coaches need to reschedule and do not do so with 24-hour notice, you will be credited with an additional one-half coaching session, at no additional charge. Our coaching relationship is completely confidential. We will never share your identity or any information about you with any other person or organization without your expressed consent. In the unlikely event that there are concerns that need to be referred to another professional, we may be able to make that suggestion to you. Outside of the Monthly Investment Plan or Individual Sessions, the term of our coaching agreement will be at least one year (12 months). Upon the completion of the original term, the term will automatically renew. Completing our coaching relationship is a mutual decision. While Victoria Rader’s YU2SHINE retention percentage is very high, there may come a time when you determine that it is time to complete our coaching relationship. If and when that time comes, Victoria Rader YU2SHINE expects that you will provide her at least 4 weeks’ notice. That will give us time to summarize your growth/learning and strategize your next steps. Our services are unconditionally guaranteed. If at any time you feel that you are not getting the support, honesty, coaching, or training that you expect, then you need to tell Victoria Rader YU2SHINE.
Agreement of Services: You agree to contract the services of YU2SHINE, LLC (Victoria Rader or one of their associates) to provide coaching services for the purpose of addressing your business and personal projects, objectives, and goals. You understand that the coaching relationship is based upon your agenda and this relationship is most effective when you communicate fully. If at any time you feel the coaching relationship is not working as desired, Victoria Rader YU2SHINE agrees to work toward re-designing the relationship. Also, you agree that YU2SHINE, LLC is free from any liability or actions that may be related to any comments or suggestions made by Victoria Rader or any of their associates.
11. RELEASE STATEMENT – HYPNOSIS AND COACHING
Bu requesting hypnosis session or coaching, you hereby authorize Victoria Rader, Certified Life Coach, ThetaHealer and Hypnotists to hypnotize and or coach you for the purposes that you addressed, and for any other future purposes that you may request. You understand that the success of your coaching and hypnosis sessions depends greatly on your own ability and desire to affect change in yourself. You understand that the results of your sessions depend greatly on your own serious participation, and that YU2SHINE and Victoria Rader cannot offer any guarantee of the success of your work together. You are aware, however, that Victoria Rader and YU2SHINE make every reasonable effort to ensure your success.
Distinctions Between Psychotherapy and Coaching
The following is from an article written by Patrick Williams EdD. MCC. in Choice Magazine Volume 5 #3. Dr Williams is the Director of the Life Coach Training Institute. Hypnosis Coaching is a developmental model that assumes that, just like the acorn that grows into the mighty oak, the client already has the seeds of their own magnificence.
- Deals mostly with a person’s past and trauma and seeks healing;
- Doctor-patient relationship (Therapist has the answers);
- Assumes emotions are a symptom of something wrong;
- The Therapist provides professional expertise and guidelines to give you a path to healing.
- Deals mostly with a person’s present and seeks to guide them into a more desirable future;
- Co-creative equal partnership (Coach helps client discover their own answers);
- Assumes emotions are natural and normalizes them, however will refer a client to a licensed psychotherapist and or medical doctor if a client expresses a desire or need for a medical and or psychological diagnosis or treatment;
- The Coach stands with you, and helps YOU identify the challenges, then works with you to turn challenges into victories and holds you accountable to reach your desired goals.
You fully understand the difference between psychotherapy and coaching, and fully understand that Victoria Rader does not offer psychotherapy. You also understand that you have other choices from which to seek assistance regarding your specific concerns, and you have chosen energy healing, coaching, and or hypnosis at this time.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL VICTORIA RADER YU2SHINE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
COVENANT NOT TO DISCLOSE OR COMPETE
This Covenant Not To Disclose Or Compete (the “Agreement”) is entered into by and between YU2SHINE International, LLC (“YU2SHINE”) and You
(“Receiving Party”) (collectively referred to herein as the “Parties”) for the purpose of preventing the unauthorized disclosure of Confidential Information and Competition as defined below. The Parties agree to enter into a confidential relationship with respect to the disclosure and/or use of certain proprietary and confidential information and trade secrets.
YU2SHINE, whose principal place of business is located at 9269 Old Keene Mill Road #B Burke, VA 22015, is engaged in the business of personal and business coaching and support as well the marketing and sale of other valuable services and products; and the Receiving Party is an individual/business, are entering into negotiations for the purchase of services and/or products of the Receiving Party, intellectual property licenses of either Party, and/or services and/or products of YU2SHINE, which may require YU2SHINE to reveal certain confidential or proprietary information or trade secrets; and WHEREAS, the execution of this Agreement is a condition precedent to and consideration for entering into said negotiations;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which YU2SHINE is engaged or any other business venture, and/or which provides or may provide certain specific information concerning the products, methods, strategies, models, plans, and intellectual property of YU2SHINE and its affiliates.
This definition of “Confidential Information” includes, but is not limited to, any and all information received by the Receiving Party from YU2SHINE, whether verbal or written, concerning YU2SHINE’s assets, products, services, clientele, business strategies, business methods, business models, business plans, and intellectual property. Furthermore, for purposes of illustration and not limitation, Confidential Information may be transmitted orally, in writing, by fax, e-mail, e-mail attachment, computer file, traditional mail, text message, instant message, computer disk, digital storage device, or any and all other means of written communication or information storage.
Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by YU2SHINE; or (c) is disclosed by Receiving Party with YU2SHINE’s prior written approval.
Definition of Compete or Competition. For purposes of this Agreement, Competition shall include the occupation of any position, whether as proprietor, stockholder, partner, officer, employee, or otherwise, where the Receiving Party may gain or confer upon any other party any benefit, directly or indirectly engaged in the business of personal and business coaching and self-help publication, promotion, sales, and seminars, through means of internet commerce or within twenty-five (25) miles of any location at which YU2SHINE has a physical presence.
Obligations of Receiving Party.
Disclosure. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of YU2SHINE. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required pursuant to the Parties’ business and commercial transactions and shall require those persons to sign non-disclosure restrictions of greater or comparable restrictiveness as those contained in this Agreement. Receiving Party shall not, without prior written approval of YU2SHINE, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of YU2SHINE, any Confidential Information. Receiving Party shall return to YU2SHINE any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if YU2SHINE requests it in any written communication.
Competition. The Receiving Party specifically agrees that during the term of any covenant, contract, agreement, or business venture between or with the Parties, and for a period of three (3) years after the termination of any covenant, contract, agreement, or business venture between or with the Parties, for whatever reason, the Receiving Party shall not Compete either directly or indirectly, whether as proprietor, stockholder, partner, officer, employee, or otherwise, with YU2SHINE.
Damages. The Parties agree that the quantum of damages, which shall include unrealized business opportunities, caused by the disclosure of Confidential Information or Competition may be difficult to determine. Therefore, notwithstanding the foregoing clause regarding compensatory damages, the Parties agree that a breach of this Agreement by Receiving Party shall entitle YU2SHINE to liquidated damages in the amount of $25,000.00, not to exclude punitive damages where available. The Parties agree that this is a reasonable amount of liquidated damages, and is not a penalty. YU2SHINE shall also be entitled to all attorney’s fees incurred pursuant to enforcement of this Agreement.
Time Periods. The non-disclosure provisions of this Agreement shall survive the termination of any Agreement(s) between the Parties, and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until YU2SHINE sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first. The non-compete provisions of this Agreement shall survive according to the terms set forth in paragraph 4(b) of this Agreement or until YU2SHINE sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
Relationships. Nothing contained in this Agreement shall be deemed to constitute either Party a partner, joint venturer, employee, or agent of the other Party for any purpose.
Integration. This Agreement expresses the complete understanding of the Parties, there being no representations, promises, warranties, covenants, or undertakings other than those expressly set forth herein, with respect to the subject matter of this Agreement and supersedes all prior proposals, agreements, representations, and understandings. The Parties are not relying upon any representations other than those expressly set forth herein. This Agreement may be executed in any number of counterparts, any one of which may be deemed the original. This Agreement may not be amended except in a writing signed by both Parties.
Severability. If a court of competent jurisdiction shall, at any time, hold that a portion of this Agreement is invalid, unenforceable, or otherwise illegal, the remainder shall not be affected thereby and shall continue in full force and effect. Any portion of this Agreement, which is held invalid, unenforceable, or otherwise illegal by a court of competent jurisdiction, shall not be stricken but shall, as an operation of law following said holding, be amended or otherwise interpreted in such a way as to comport with the laws and default rules of the Commonwealth of Virginia.
Assignability and Binding Effect. This Agreement may be assigned by YU2SHINE to a successor entity in the event of a merger or consolidation of YU2SHINE or in connection with the sale of any portion of YU2SHINE’s business or assets. This Agreement shall be binding upon Receiving Party’s signatories, successors in interest, heirs, legal representatives and assigns, whether such interest is conferred by sale, license, or franchise of any portion of Receiving Party’s business or assets.
Execute Documents. Each Party agrees to execute such other and further assurances or instruments as may be necessary to carry out the intent of this Agreement.
Voluntary Execution. Each of the Parties warrants that they have carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to its execution. Each Party acknowledges that he or she has been advised of the right to and had the opportunity to seek the counsel of an attorney regarding this Agreement and all of the statements, terms, conditions, and provisions thereof prior to its execution. Each Party further acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any fraud, misrepresentations, duress, or undue influence exercised by either party upon the other or by any other person or persons.
Governing Law. The validity, enforceability, and interpretation of this Agreement shall be determined and governed by the laws of the Commonwealth of Virginia.
Venue. Any and all claims and controversies arising out of or relating to this Agreement shall be brought in and heard by a court of the Commonwealth of Virginia with competent jurisdiction located in Fairfax County.