Disclaimer and Confidentiality Agreement

Last updated September 19, 2022

THIS AGREEMENT is between Member and eClubSoda Legacy Co., a Georgia nonprofit corporation (hereinafter referred to as the “Organization”) and collectively herein referred to as the “Parties”;


WHEREAS the Organization was founded to honor the life work of Nan Hoy Shaw by providing a nurturing support community where members can share their life challenges and successes with the guiding principles of acceptance, appreciation of differences, curiosity, and kindness;

WHEREAS the Organization will provide certain disclosures and the Members will provide certain disclaimers in relation to the goals, activities and methods of the Organization;

WHEREAS, the parties desire to provide for unity and harmony in the operations of the
Organization by restricting the transfer of the Organization’s confidential information and by protecting the privacy of its members;

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do mutually agree as follows:


1.01 Membership shall include access to teleconference calls led by Call Leaders who are active in the community. Call leaders are familiar with the principles of eClubSoda Legacy and seek to practice interactive listening and support on calls. They come from all walks of life, with a common thread of having been coached by or worked with Nan Shaw in some capacity or being trained in similar practices and distinctions.

1.02 eClubSoda Legacy does NOT employ, engage or insinuate that any call leaders are therapists, counselors, psychologists or psychiatrists. There are no licensed medical practitioners serving as call leaders. Our organization is not considered a health plan or health care provider therefore we are not subject to The Health Insurance Portability and Accountability Act (HIPAA) regulations.

1.03 Membership may also include Guest Presentations by members or non-members of the community. These are volunteer-led events intended to foster learning and conversation around topics of interest.


2.01 Definition. For purposes of this Agreement, “Confidential Information” for Members shall mean personal information, electronic and hand written communication, sensitive narratives and all Member information except for the exception listed in paragraph 2.03 of this Article. “Confidential Information” for the Organization shall include intellectual property, know-how and certain proprietary information relating to certain methods, co-developer identities, data, client lists, volunteer, contractor and employee lists. Also included are course/educational manuals, literary compositions, policies and procedures, information relating to processes, technologies or theory and all other information which may be disclosed by Organization or to which Member may be provided access by the Organization or others in accordance with this Agreement.

2.02 Member understands that eClubSoda Legacy will protect Member’s personal and confidential information and will only use it for purposes of payment transactions, communications surrounding events, providing print materials, or any communication between the Member and eClubSoda Legacy Steering Committee representatives. legal representation, or 3rd parties payment systems such as PayPal and credit card services.

2.03 The eClubSoda Legacy community will respect Member’s privacy and protect personal information as confidential unless he/she state otherwise in writing. If Member reports child, elder abuse or neglect or threaten to harm the Member or someone else, the Member understands that necessary actions will be taken, and this confidentiality agreement is limited in this capacity. Furthermore, if a Call Leader is ordered by a court to provide information or to testify, he will do so to the extent the law requires.

2.04 The Member agrees to hold all eClubSoda Legacy community conversations, Guest Events, and teleconference calls as confidential. Member agrees that a person’s personal story and life events are theirs alone to share. Member agrees to treat as confidential all materials, documents, text messages, email exchanges, Facebook content and all forms of electronic date associated with eClubSoda Legacy.


3.01 Member understands that the services they receive are not in any way offered as a substitute for professional mental health or medical care. Member further understands that Call Leaders, Guest Presenters and Steering Committee members are not acting as mental health counsellors, licensed Coaches or medical professionals.

3.02 Member understands and agrees that they are fully responsible for their well-being during or related to teleconference calls, Guest Events or in communication of any kind with other eClubSoda Legacy members, Calls Leaders, Guest Presenters and Steering Committee members.

3.03 Member understands that all comments and ideas offered by Call Leaders, Guest Presenters or any community member are intended solely as support for one’s life. The Member has the ability to consider or dismiss any ideas offered.

3.04 WEBSITE: member understands that the use of technology is not always secure and accepts the risks of confidentiality in the use of email, text, phone, Skype, Zoom and other technology. The site is provided on an as-is and as-available basis. Member agrees that use of the site and our services will be at his/her sole risk. To the fullest extent permitted by law, Organization disclaims all warranties, express or implied, in connection with the site and use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Organization makes no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and will assume no liability or responsibility for:

(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from Member’s access to and use of the site,
(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

Organization does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and will not be a party to or in any way be responsible for monitoring any transaction between the Member and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, Members should use their best judgment and exercise caution where appropriate.

3.05 Member hereby releases, waives, acquits and forever discharges eClubSoda Legacy, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages that the Member may claim to have or that may have arising out of acts or omissions by the Member or by eClubSoda Legacy representatives as a result of any advice given, whether verbally, written or transmitted electronically.

3.06 Member further declares and represents that no promise, inducement or agreement not expressed in this agreement has been made to sign this agreement. This agreement shall bind heirs, executors, personal representatives, successors, assigns, and agents of the Member.

3.07 This Agreement shall be construed in accordance with the Federal Laws of the United States where applicable and the State of Georgia.