For good and valuable consideration of the invoice price listed at purchase Client has agreed to purchase the online course hereinafter “Program”). In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
- Program Outline:
- Client agrees and understands that he/she is purchasing a self-study online program.
- Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in the Program as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
- Non- Disclosure
- Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.
- If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
- Client understands the cost of the program is as listed on the site and included in the invoice, which is payable up front, in full, unless a payment plan has been offered by Company, or otherwise arranged between Company and Client. Client agrees to render payment via Credit Card. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full. Absent an agreement regarding a payment plan with Company, Client must complete payment in full before becoming entitled to any products or services included within Program.
- If Company has offered a payment plan, Client agrees to abide by the rules and payments as explained on Company’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the Program may be forfeited if payment is not made within four days of the date it is due, and (2) Client will owe a $25 late fee if he/she has not made the appropriate payment after the 5 day grace period.
- Company reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Company in exchange for work completed thus far, and Client will not have continued access to any materials made available to Client during the Program up until payments were missed.
- If Client and Company have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Company’s sales page.
- Refund Policy
- Due to the subjective nature of the Program provided by Company, and Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Company is not able to offer refunds once Client has purchased the program.
- Client understands that he or she must actively participate in the full Program in order to see results. While many of Company’s past and current clients have experienced wonderful benefits from the Program, and Company and his/her team will act in their full capacity to ensure your success and happiness in the Program, Company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Program harmless if he or she does not experience the desired results.
- Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company or Program responsible should Client become dissatisfied with any portion of the Program.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Company delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
- Client also understands Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Company on his/her website and within the Program is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Company responsible for.
- Intellectual Property
- Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Company as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Company as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
- Dispute Resolution
- Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
- If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Springdale, Arkansas within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of Arkansas regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
- This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the online Program
Once Client has joined, client will have immediate access to the Program, which includes a self-study course hosted on the mcmichaelconsulting.com website.
Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERTYHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Company is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Company and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason.