TERMS OF PARTICIPATION
Please READ carefully. By purchasing the Program (defined below) from Shirley McAlpine Consulting, LLC (“Company”, “we”, or “us”), you (“Client” or “You”) agree to the following Terms and Conditions:
PROGRAM/SERVICE
Company agrees to provide You with a limited license to access and download the online training program titled “Time to Elevate™” (the “Program”). As a condition of this license the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
DISCLAIMER
The Program is provided for educational and informational purposes only. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. Client agrees and acknowledges that neither Company nor Shirley McAlpine or Ray Fisher (herein referred to as “Consultant”) is a lawyer, doctor, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment, business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or providing advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Client agrees that no relationship shall exist between the parties after the conclusion of this Program unless expressly agreed in a separate written agreement executed by the parties.
The Company and/or its licensors make no representations regarding the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.
FEES
In consideration of your access to the Program, you agree to pay the following fees.
A single payment of $97.00 due immediately for Part 1
$150.00 single payment for Part 2 unless purchased as part of a special offer for $97.00.
METHODS OF PAYMENT
You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. If all eligible payment methods on file for You are declined for any payment, you must provide a new eligible payment method promptly upon notice.
Refunds are only granted in accordance with the Refund Policy set forth below. If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you will not be issued a refund.
REFUND POLICY
We want you to be satisfied with your purchase.
All refunds are discretionary as determined by the Company. If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other intellectual property. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, audio, videos, worksheets, graphics, logos, images, as well as the compilation thereof and any software used in the Program, is the confidential and proprietary intellectual property of the Company and its licensors and is protected by copyright and other intellectual property laws.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans (collectively, the “Marks”) are trademarks of the Company or its affiliates or licensors. You may not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does constitute a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection laws.
You are granted a single-use, non-exclusive, non-transferable, non-sub-licenseable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content. and in particular you will not delete or alter any copyright or other attribution notices in any content. You will use the Program’s content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any Program content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
LIMITATION OF LIABILITY
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program
including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with (a) Your use or performance of the Program; (b) delay or inability to use the Program or related service; (c) the provision of or failure to provide services; or (d) for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and shall be effective upon said posting.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts sitting in Chicago, Illinois, and expressly agree to the exclusive jurisdiction of said courts.
EQUITABLE RELIEF
Client agrees and acknowledges that, in the event of a pending or threatened breach of this Agreement, monetary relief would be inadequate and the Company may suffer irreparable harm in the absence of an appropriate remedy. Client agrees that Company may, therefore, apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction, without the necessity of proving inadequacy of damages or irreparable harm and without the necessity of posting bond or other security.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a 25 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]
© Shirley McAlpine Consulting, LLC
Last updated: 2 September 2020