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:
Company agrees to provide You with a limited license to access and download the online training program titled “Execute Your Dream” (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.
As part of the Program, the Company shall maintain and provide the Client with access to a password-protected online website (the “Program Area”) that will host include video, audio and written lessons, worksheets, checklists and other training and support information constituting the Program. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that Company intends to close the Program Area, it shall provide clients with 30 days prior notice and the ability to download the core resources contained in the Program Area. Changes are periodically added to the information in the Program. The Company and/or its licensors may make improvements and/or changes in the Program at any time, with or without notice to You.
From time to time, the Company will offer bonuses to Clients who purchase a license to the Program. A bonus may be offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Program and vary depending on specific live and automated promotions throughout the year.
As part of the Program, the Company will provide access to the Company’s closed, “Students Only” Facebook group. This group is a “community run group” through which students are encouraged to help each other. A Community Manager employed by the Company oversees the group to ensure it is running smoothly. The Community Manager shall have the right, but not the obligation, to edit or remove posts to the Facebook group as necessary to maintain a productive and respectful community and to protect Company’s rights in the program. Facebook, Inc., is a third-party service provider, and your participation in the Facebook group must at all times comply with Facebook’s Terms of Service. Facebook reserves the right to disable access to any user violating its Terms of Service, and Company shall have no liability to You in the event of such a termination, nor will it offer any refund, in whole or in part.
Shirley McAlpine will appear live on video in the Facebook group community for Question & Answer live sessions from time to time during your enrollment in the Program. The Company reserves the right to discontinue these Q&A sessions at any time without any advanced notice. You shall have access to the closed Facebook group area for as long as the closed Facebook group exists, however no less than 120 days. In the event that Company intends to discontinue the closed Facebook group, it shall provide clients with a 30 day notice.
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 (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 counseling or behavioral 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.
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between a single payment of $1,097 (due immediately) or 3 monthly payments of $365.67 each. If you select the 3-month payment plan, you must pay the initial payment today, after which your selected payment method will be automatically charged for the following 2 payments on a monthly basis, for a total payment of $1,097. If you select the 3-month payment plan, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company may immediately suspend or terminate your access to the Program, in its sole discretion. All payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
METHODS OF PAYMENT
If You select the 3-month payment plan, 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 or your license to the Program may be terminated without further notice to you.
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 are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
We want you to be satisfied with your purchase, but we also want you to give your best effort to applying all of the strategies in the course. The Company provides a 30-day money-back guarantee for the Program, subject to the following terms. To qualify for a refund you must submit proof that you completed all coursework assigned prior to your refund request and explain why you believe the Program did not work for you. You MUST include your coursework with your request for a refund. If you request a refund and do not include your coursework, you will not be granted a refund. Your refund request must be accompanied by ALL of the following items:
Completed Module 1 assignments, including bonus assignments
Completed Module 2 assignments, including bonus assignments
You must make your refund request within 30 days of Your purchase of the Program. Refund requests may be made by emailing our support team at firstname.lastname@example.org prior to 11:59 CST on the thirtieth day following your enrolment. We will NOT provide refunds more than 30 days after the date of purchase. After the thirtieth day, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete the Program.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and cannot expedite any refund.
If you receive a refund of any purchase through this money-back guarantee, any and all licenses granted under this Agreement shall immediately terminate. Upon termination of this Agreement and said licenses, You shall immediately cease using the Program and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
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@example.com
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 ands 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-sublicenseable, 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.
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.
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.
Client may not assign this Agreement without express written consent of Company.
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.
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.
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 defense 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.
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 30 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 firstname.lastname@example.org
© Shirley McAlpine Consulting, LLC
Last updated: January 14, 2020