We are now operating in the private domain. Learn what that means Below.
Disclaimer: The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. The articles are for educational purposes and are based upon the opinions of the authors, who retain the copyright to this information. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. If you want to use any information contained on this website you must first get permission in writing.
By continuing or working with our FBO, I acknowledge that I have read and understand the content of this website, and Affidavit of Knowing.
AFFIDAVIT OF KNOWING
AFFIDAVIT OF KNOWING (AOK) INSTRUCTIONS
- Use of Information, Oral Agreement, Written or Digitally signing this AoK constitutes a private common law contract with Syringa Wellness “SW” (FBO int aux under 508c1a & First Amendment).
- Provide your country, state, full name, and signature.
- Please read and understand all terms & condition of this contract.
WHAT’S AN AOK (AFFIDAVIT OF KNOWING)?
AoK stands for Affidavit of Knowing. An affidavit is a written statement that is sworn to be true by the affiant (woman/man who signs it). It is an oath. Signing an AoK is just like swearing in court that you will tell the whole truth and your word is your bond.
By signing the SW AoK, you are swearing that you are a competent individual who takes responsibility for their actions, will abide by the SW terms and conditions, and comply with all conditions to support the integrity of the mission.
FBO Free Organization
A Private Faith-Based Organization
An Unincorporated Free Ekklesia, Religious Based and Charitable Society
Operating pursuant to and in the nature of private international law
RE: AFFIDAVIT OF KNOWING INTENT TO FREELY CONTRACT WITHOUT MENTAL RESERVATIONS OR PURPOSE OF EVASION
Aspen Ministries AKA Syringa Wellness (belonging to TV Free Ekklesia, hereafter referred to as “Association”) operates pursuant to “free will” and therefore connotes the freedom to contract unrestricted and unhampered by governmental interference. Association and its patrons and/or its assigns both recognize that “consensus facit jus”, consent makes law, or in other words your agreement gives force to the law form to which you agree.
It is the intent of this document to positively communicate to the intended patron, or client, that the subsequent contract service hereby provided is to be conducted outside, separate and apart from any State, or Federal, or International governmental structure, municipality, or subdivision therein, corporate or otherwise, commerce and that Association is separate and apart from said structures. Therefore, by signing and subscribing to this document where benefits are accepted, being outside the governmental structure whereby human beings are unalienable, it is recognized that all women and men are created equal by their Creator. This affidavit is drawn pursuant to the “Law of Nations”, which recognizes that no woman or man or entity can place another into involuntary bondage/servitude. Patron, member, or Client, hereby formally agrees and contracts freely with the Association.
The word “Client” indicates a lack of competence in reference to the subscriber and may be incorrect, whereas the term Patron indicates competence and support. A Patron of this Association is a person honored as a special guardian and protector of the Association. It is imperative that the patron understands that the Association does not do business with the public. It is the intent of this affidavit to positively convey that information to the prospective patron. Association does ministry privately and does not include the ‘public’ in its contracts. Association will only accept payment in substance accompanied with whatever other acceptable marketplace current legal tender is available.
Any disputes between the Association and its patrons that cannot be resolved will be resolved by a binding arbitration by an independent arbitrator. The penalty for invoking police power of the State with the Association outside of binding arbitration is termination of membership and all rights therein.
It is important for Patrons to understand these are the Terms and Conditions regarding patronage in the Association. The undersigned (referred to herein as “Patron” guardian and protector) hereby acknowledges the following:
- Patron affirms that they are of sound and clear mind and will operate all interactions with the Association with integrity.
- Patron desires to engage in teachings, practices, and communications related to bodily sovereignty, health freedom, radical healing, and psychospiritual integration offered by the Association.
- Patron understands that Association’s materials will not be duplicated, disseminated, distributed, posted or otherwise transmitted online or in any other manner without the express, prior written approval of Association. Any such unauthorized use of the materials may subject Patron to an action for common law copyright infringement.
- Patron acknowledges that personal responsibility and empowerment, radical inquiry into the nature of truth, and the transformation of victim consciousness are the backbone of the belief system espoused by the Association.
- Patron acknowledges the body’s innate regenerative capacity and the deeply personal meaning of each living man or woman’s spiritual journey of embodiment.
- Patron acknowledges that criticism, blaming, negativity, entitlement, fearmongering, violence, complaining, and threats are not welcome in this Association.
- Patron acknowledges that he/she has carefully read this Affidavit of Knowing and that Patron fully understands and agrees with the terms and conditions hereof.
Thank you for honoring the mission of the Association. The consequences of failing to honor these terms and conditions may result in probationary action, binding arbitration, and/or termination of patronage and further contact with the Association.
I affirm under penalty of perjury that this Affidavit is true and correct and done so in good faith as to comply with the Law to the very best of my knowledge; and,
FURTHER AFFIANT SAITH NOT.
I acknowledge that I verbally, written or electronically sign this document by clicking on the purchase button, or receiving services at one of our local locations. I give my consent to the use of electronic communications and records related to this document, and agree to the other Terms & Conditions.
Donations/tithe/trade are accepted in the form of Private Pay (no insurance), Cash, Check, Cebit, Credit, and Healthcare Savings Account Funds. If you would like to contribute a different amount, PayPal.me/syringawellness
Min. Aspen Morrow, D.PSc, is a Minister, trained in faith-based counseling and brain health coaching only. TV Free Church & int aux, Aspen Brain Health™ (blog/brand), GodsPsychiatry.Blog, books published under the church’s Pottenger Free Press, and all supplement recommendations (Private Label or otherwise) done through the Amen Clinics’ Method and Med Free Method™ ministry by Aspen Morrow, D.PSc and her prayer team are not intended to diagnose, prescribe, treat, or cure any disease, physical or mental.
We make no claims or guarantees of cures, miracles, no promise of benefits and no guaranteed results from the use of methods. The use of recommendations are based on twenty years of scientific research we are happy to provide links to, but are not approved by the FDA, mainstream medicine, and fall outside the scope of Western Medicine, licensed counseling, and psychiatric care.
Aspen Ministries’ coaches and independently contracted coaches/ministers/ambassadors should not be construed as physicians, counselors or any other licensed professional (each credential varies). We are faith-based counseling ministers and Certified Brain Health Coaches (Dr. Amen’s program). The Amen Clinics’ Method and Med Free Method™ and custom supplement recommends should not be construed as a prescription, a promise of benefits, claims of cures, or a guarantee of results to be achieved. Put bluntly: I do not heal, treat or cure anyone, the body heals itself when given the building blocks of healing. God is the Great Physician, I am simply His assistant.
As a ministry and not a traditional business, we work separate from state. We operate under permissions granted in the First Amendment as a religious establishment.
With permission of peers, we often ask to pray with clients, lay hands on them with FAITH for HEALING, DELIVERANCE and SOZO (complete) HEALING (Matthew 10:8, Mark 16:18). There are often causes of physical symptoms manifesting from deficiencies, spiritual roots, generational causes such as epigenetics, genetics or blood-line/DNA-related issues.
The need for Inner Healing work that may come to light may include but not be limited to: Nutritional Deficiencies, Trauma, Abuse, SRA, Dissociative Disorders (DID), Black-Outs, Trance-states, Nightmares/Night Terrors, Sleep Paralysis, Spiritual causes of symptoms (Demonization), Soul Ties, Paranoia, Self-Sabotage, Suicidal Thoughts, Suicidal Tendencies, Self-Harm, Emotional Abuse, Physical Abuse, Spiritual Abuse, Mood Swings, Mania, Mood Disorders, Sexual Abuse, Depression, Anxiety, Panic Attacks, PTSD, Codependency, Self-Esteem Issues, Difficulty in Relationships, Gender and Sexual Identity Issues, Grief, and Broken Heartedness. We can provide ongoing inner healing and pastoral counseling care for any of the above issues, but know that this is a process, especially when dealing with trauma. We highly recommend coordination of care with your PCP, licensed counselor, and support team.
As is the nature of working outside the box in the mental & physical health arena, inner healing issues have at times come with emotional triggers.
In no way is any information, instruction or advice given by any Aspen Ministries/minister intended to be a substitute for competent professional medical or psychological diagnosis and care, included but not limited to psychiatric care, medication management for safe med-tapering, suicide hotline access, and licensed professional counseling. Regardless of any information you receive during ministry, it is not to be taken as medical advice without obtaining approval from your healthcare professional. All confidentiality is maintained at the highest levels, however, as a mandatory reporting individual, as all adults are in my state, any threats of eminent danger to self or others will be reported through emergency channels.
Aspen Ministries (Belonging to TV Free Church) combines repentance, forgiveness, prayer, worship, communion, baptism, spiritual discernment, client symptomology, Amen Brain-Type Testing, client histories, scientific research, NeuroNutrition™ solutions, diet therapy, and peer coaching techniques to improve the lives of its clients.
Aspen Ministries/Aspen Brain Health™ (Blog/Brand) does not engage in diagnosing conditions or prescribing medication or medication management.
Aspen Ministries is not a substitute for regular medical or psychological care. Ministry is not about disease or illness—rather, its focus is on healing and wellness. Medical authorities do not recognize this work as “medicine”. We agree with this statement. Every ministry member is unique, and therefore, each member’s experience with us may be unique. The member takes full responsibility for any outcome from utilizing any and all advice given.
Hold Harmless Agreement
This Free Church outreach ministry is not under state judicial jurisdiction, however, you must agree to hold harmless Aspen Morrow, the founder of Aspen Ministries and anyone affiliated with (Such as TV Free Church AKA The Way, AKA Aspen Ministries, int aux/associations: AM Syringa Wellness, Pottenger Free Press, volunteers, ministers, counselors, ect.) from any claims, liability, or loss incurred directly or indirectly by you (or anyone you may teach or seek to help using pastoral recommendations) as a result of the use or application of any techniques, faith-based counseling, or non-medical, med free methods learned from a minister, certified or otherwise.
Meeting with Aspen Morrow’s team, phone consultations, in-person or long-distance coaching, ordering supplements, reading her blogs, books, vimeo or YouTube videos, or taking her advice from a public appearance, media article, or speaking event will be seen as acceptance of these above terms publicly and privately posted.
Not Medical Advice: Naturopathic Care is different than State-Licensed Doctor (MD) care, and you should always maintain a relationship with a team of professionals. Many things are outside our scope of practice, just like our services and expertise are outside of an MD’s usual scope of knowledge. Should you have any severe health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.
For more info on PMA Private Membership Agreements
TERMS OF SERVICE
Date Effective: January 01, 2012
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our ministry staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that ASPEN MORROW has the right but not the obligation to use and display any postings or contributions of any kind and that ASPEN MORROW may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
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If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not KELLY BROGAN, MD. Neither KELLY BROGAN, MD nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, KELLY BROGAN, MD neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized KELLY BROGAN, MD representative while acting in his/her official capacity.
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You agree at all times to defend, indemnify and hold harmless KELLY BROGAN, MD its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that KELLY BROGAN, MD shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
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- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
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- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
KELLY BROGAN, MD may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. KELLY BROGAN, MD or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by KELLY BROGAN, MD staff, KELLY BROGAN, MD’s outside contributors, or by users not connected with KELLY BROGAN, MD, some of whom may employ anonymous user names. KELLY BROGAN, MD expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of KELLY BROGAN, MD or any of its subsidiaries or affiliates.
KELLY BROGAN, MD has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND KELLY BROGAN, MD MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
We have a 45-day refund policy for our Vital Mind Reset program, and a 30-day refund policy for for those who purchase the annual subscription of Vital Life Project. We do not issue refunds for monthly Vital Life Project subscriptions. You can find the full details of our refund policy here.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by KELLY BROGAN, MD infringe your copyright, you, or your agent may send to KELLY BROGAN, MD a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon KELLY BROGAN, MD actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to KELLY BROGAN, MD a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. KELLY BROGAN, MD’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org.
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Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.