The Company agrees to provide you with access to the Online Course entitled, "Unleashed” (“Program”). As a condition of participating in 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.
3. NATURE OF THE RELATIONSHIP
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. 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 mental health or medical advice.
4. ACCOUNT CREATION
In order to use the Sites and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between a single payment of $997, 3 monthly payments of $379 or 6 monthly payments of $197. The amount displayed when you click purchase is the amount your agreement is for.
If you select the 3-month payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis. If you select the 6-month payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 5 payments on a monthly basis. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and reserves the right to send the outstanding balance to collections.
7. PAYMENT PLAN AUTHORIZATION
If You elect for the 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.
8. 14-DAY MONEY BACK GUARANTEE
If within the first 14 days of your purchase of the Program you're not satisfied, you may request a full refund via email to [email protected].
9. LAWFUL PURPOSES
You may use the Sites and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Sites and/or Services and to purchase our Services for legitimate purposes only. You shall not post or transmit through the Sites and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
10. THE PROGRAM
As part of the Program, the Company shall provide the following to Client:
Access To Program Area –Unleashed (“Course”) is a digital product, which includes, but is not limited, to course content, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Course related forums (collectively, “Materials”). The Course is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Course with anyone who is not a customer of record with the Company. In order to use the Course, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Course may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Course. You shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with ninety (90) days’ notice and the ability to download the resources contained in the Program Area as you have lifetime access to the content.
11. LIVE EVENTS
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
12. NO SOLICITATION
Our groups and programs are a pitch-free zone where no self promotion is allowed.
The following are NOT allowed unless directly invited in a thread by a group admin, and will result in termination of your program access without refund:
- Giving away freebies
- Promotion of your offers
- Inviting group members to private Facebook groups (by DM, post, comment or group invite)
- Inviting members to an "alumni" Facebook group during / after the program finishes
- Inviting members to private zoom/video sessions
- Using group members to grow your email list or social media following
- Offers to help that lead to a pitch or private DMs
- Private DM-ing group members unless invited directly by them to do so
The following activities are allowed and encouraged:
- Sharing your wins!
- Asking for advice in a post or polls (no links)
- Engaging with other students offering advice and encouragement
- Seeking feedback with a specific question
13. INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
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 information. 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.
15. PERSONAL RESPONSIBILITY
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
16. CODE OF CONDUCT
Jessica Swift and team are dedicated to providing a respectful, inclusive, and harassment-free event experience for everyone regardless of gender identity and expression, sexual orientation, disabilities, neurodiversity, physical appearance, body size, color, ethnicity, nationality, national origin, race, age, religion, or other protected category.
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Membership and/or Course participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership and/or Course, the Site(s) or group forums, without reimbursement or liability, if Company, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other participants.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Course or Membership or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
18. CUSTOMER FEEDBACK
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, for the purposes of marketing or promoting its Sites and Services.
19. THIRD PARTY WEBSITE AND RESOURCES
The Sites and Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
20. AFFILIATE LINKS
From time to time, Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
21. NO WARRANTIES
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
22. 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.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about 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 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, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or 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.
23. NO GUARANTEES OF RESULTS
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or using our Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and Services is a promise or guarantee to you of such results.
24. DISPUTE RESOLUTION
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 that are geographically nearest to Portland, Oregon.
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.
26. TERMINATION AND ACCESS RESTRICTION
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.
27. ENTIRE AGREEMENT
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.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
30. 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.
31. EFFECTIVE DATE
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
34. CHANGED TERMS
We reserve the right to update any portion of our Sites and/or Services, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Sites. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Sites and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Sites and list the effective dates on the pages of our Terms of Service.
35. HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.