Purchase Terms
This writing outlines the intended legal relationship between Jennie + Meredyth (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of Repeatable IP™ Lab (the “PROGRAM”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a Alabama-based online coaching and course creation company, according to the following terms and conditions, when you purchase the PROGRAM.
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT.
COMPANY’S SERVICES
This AGREEMENT is executed and valid, when CLIENT accepts these terms.
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
CONFIDENTIALITY
The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in the strictest confidence and shall use its best efforts to safeguard the CLIENT'S Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to enrollment in the PROGRAM.
GROUP CONFIDENTIALITY
In the case of a group PROGRAM that CLIENT has voluntarily selected to be a part of by purchasing and accepting this AGREEMENT, there is no expectation of privacy due to the nature of a group, but each participant is bound by the terms of this AGREEMENT with regards to confidentiality.
INTELLECTUAL PROPERTY
COMPANY’S copyrighted and original materials are provided to the CLIENT for your INDIVIDUAL USE ONLY and under a limited single-user license.
CLIENT is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
COMPANY’S INTELLECTUAL PROPERTY, INCLUDING COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
PROFESSIONAL EXPECTATIONS
To the extent that CLIENT interacts with COMPANY staff and or other participants, CLIENT agrees to behave professionally, courteously, and respectfully with staff and participants at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.
USE OF PROGRAM MATERIALS
With acceptance of this AGREEMENT, CLIENT gives consent to recordings being made of the PROGRAM.
COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
LIVE CALLS & CALL RECORDINGS
As part of the PROGRAM, the COMPANY may provide live calls, webinars, webcasts, or any other audio or visual interaction known or yet unknown.
The COMPANY reserves the right to record any and all of its offered calls, webinars, webcasts, and or any other method of hosting and recording an interaction with you and to reuse, redistribute, repurpose, or any other method that COMPANY decides to use as part of its business.
As a CLIENT, when you access and or participate on a call, webinar, online video conferencing, webcasts, or any other method known or not yet known with the COMPANY as part of the PROGRAM, you grant the COMPANY a non-exclusive, limited use, worldwide license to your voice, likeness, and or words shared on the calls without compensation to you now or at any time in the future.
COMMUNITY
As part of the PROGRAM, the COMPANY provides access to a private Facebook group.
As part of the PROGRAM, the COMPANY provides access to a private Facebook group. Access and responsibilities are outlined in the group terms available within the PROGRAM.
COMMUNITY
The COMPANY values the engagement and contribution of the CLIENT in the PROGRAM.
When the CLIENT contributes, participates, or engages in any way with the PROGRAM:
CLIENT represents, warrants and covenants that any content provided does not contain libelous or otherwise unlawful, abusive or obscene material.
The COMPANY has CLIENT’S permission to use any CLIENT contributions in replays without incurring obligations of confidentiality, attribution or compensation to CLIENT.
All CLIENT contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
The COMPANY reserves the right not to post CLIENT content if it contains any of the following types of content or violates other guidelines.
By way of example, and not as a limitation, CLIENT agrees that when contributing content, CLIENT will not:
NO RESALE OF SERVICES PERMITTED
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’S prior written consent.
PROGRAM PAYMENT PLAN
Full payment must be made before the SERVICE . Pricing and duration of appointments may vary and is chosen by BUYER at the time of purchase. BUYER is responsible for ensuring payment is made using the accepted payment methods provided by the COMPANY. Failure to provide payment may result in the appointment being canceled or rescheduled.
BUYER agrees to pay COMPANY for the SERVICE according to the option chosen at time of purchase (the “FEE”).
REFUNDS
All payments are non-refundable.
At acceptance of this AGREEMENT, CLIENT is responsible for the full FEE. If CLIENT decides to cancel or otherwise not participate and or use the materials available to the CLIENT, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE CLIENT.
CHARGEBACKS & PAYMENT SECURITY
COMPANY is authorized to charge CLIENT’S payment method(s)for any unpaid charges on the dates agreed to in the Payment Schedule above.
CLIENT shall not make any chargebacks to COMPANY’s account or cancel the payment method(s) provided as security without COMPANY’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT may change payment method(s) using methods provided by the COMPANY.
CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’S representatives, or employees, the provisions in this AGREEMENT control.
ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is only accomplished in a writing signed by both PARTIES.
LIMITATION OF LIABILITY
By purchasing the PROGRAM, you release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from your participation in the PROGRAM.
You accept any and all risks, foreseeable or unforeseeable arising from this AGREEMENT.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’S liability to you or to any third party is limited to the lessor of:
(a) The total FEE you paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) Thirty (30) percent of FEE paid on the purchase triggering the claim.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever.
You agree that the COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the PROGRAM.
You agree that use of the PROGRAM is at your own risk.
FORCE MAJEURE
In the event, either PARTY is unable to perform its obligations under the terms of this AGREEMENT due to acts of god, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such PARTY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
DISCLAIMER OF GUARANTEE
YOU ACCEPT AND AGREE THAT YOU ARE RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE PROGRAM.
YOU ACCEPT AND AGREE THAT YOU ARE A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE PROGRAM AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED.
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet your requirements or that all buyers will achieve the same results.
CHOICE OF LAW
This AGREEMENT is governed and interpreted in accordance with the laws of Shelby County, Alabama without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration according to the rules of the AGREEMENT’S jurisdiction’s arbitration association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing PARTY may collect all reasonable legal fees from the non-prevailing PARTY in order to enforce the provisions of this AGREEMENT.
SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.
SEVERABILITY
If any portion of this AGREEMENT is interpreted as invalid or unenforceable only that portion is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.