MONIKHER, LLC, dba LA WRITING COACH & BRANDS THROUGH BOOKS AGREEMENT
LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY and do not use this website or enroll in any services or Program if you do not agree to the following. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE OWNEr, MONIKHER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DBA AS LA WRITING COACH AND BRANDS THROUGH BOOKS ("WE"; "US"; “COMPANY”). By either subscribing, joining, or purchasing any products or coaching service, or becoming a Client/Subscriber, OR OTHERWISE ENROLLING, ELECTRONICALLY, VERBALLY, OR OTHERWISE, IN any COURSE or program, OR USING THE SITE IN ANYWAY, you (“MEMBER”; “SUBSCRIBER”; “YOU”; “YOUR”; "User"; “CLIENT”) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “AGREEMENT”) and are entering into a LEGALLY BINDING AGREEMENT WITH the COMPANY which SHALL CONSTITUTE A LEGAL AND BINDING INSTRUMENT WITH THE SAME EFFECT AS AN ORIGINALLY SIGNED COPY, aCCORDING TO THE FOLLOWING TERMS AND CONDITIONS:
(1) COMPANY’S SERVICES: UPON EXECUTION OF THIS AGREEMENT, ELECTRONICALLY, VERBALLY OR OTHERWISE, THE COMPANY AGREES TO RENDER SERVICES RELATED TO EDUCATION, SEMINAR, CONSULTING, COACHING, AND/OR BUSINESS COACHING (“THE PROGRAM”). THE TERMS OF THIS AGREEMENT SHALL BE BINDING FOR ANY FURTHER GOODS/SERVICES SUPPLIED BY THE COMPANY TO THE CLIENT. PARTIES AGREE THAT THE PROGRAM IS IN THE NATURE OF COACHING AND EDUCATION. THE SCOPE OF SERVICES RENDERED BY THE COMPANY PURSUANT TO THIS CONTRACT SHALL BE SOLELY LIMITED TO THOSE CONTAINED THEREIN AND PROVIDED FOR ON THE COMPANY’S WEBSITE AS PART OF THE PROGRAM. THE COMPANY RESERVES THE RIGHT TO SUBSTITUTE SERVICES EQUAL TO OR COMPARABLE TO THE PROGRAM FOR THE CLIENT SHOULD THE NEED ARISE.
(2) Coaching Terms: the Company and its coaches offer educational services. These sessions are coaching sessions for your planning, education, training, and motivation, and by signing this Agreement you acknowledge that you understand and agree that these coaching sessions are not psychological counseling, relationship counseling, financial coaching, or any other type of counseling, advisory or therapy sessions. If you feel you need professional counseling, advice, or therapy, it is your responsibility to seek the help of a licensed professional. If the Client requires to change the program Commencement Date, this will be at the Company's sole discretion and subject to availability, otherwise, the program shall begin on the Commencement Date. If an approved change is made by Company this will incur a rescheduling fee of five hundred dollars ($500.00) ("Rescheduling Fee") at the time of change and will be charged to the payment method on file for Client. Furthermore, please be on time to all appointments. If you are going to be late, notify Company in advance. If client is more than 10 minutes late to the appointment (meaning 11 minutes or later) to the appointment, appointment is forfeited and will not be rescheduled. If you are aware that you will miss an appointment, notify Company at least 24 hours in advance. Appointments missed without 24 hours notice will be forfeited. Client needs to be open to change and participate fully and acknowledges that their coaching sessions are a place to look at what they really want, and what it will take to make it happen. Clients must make a commitment to the action plans they create, and do what they have agreed to do on a weekly basis. Client agrees to pay additional fees (such fee amounts will be subject to any impacts incurred by Company and Contractors ("Late Delivery Fees")) for Client being late on delivery of their deliverables as identified in the program schedule. Late Delivery Fees will be notified in writing to Client and will be charged to the payment method on file for Client. As a condition to the provision of coaching services, you agree to be bound by any additional standard terms and conditions of any Coaching Program(S) and as designated by the company from time to time and which shall include but ARE not limited to providing the company credit and acknowledgment in the copyright page of the Clients book for services provided and the company retains the right to include the Client’s name and book title on the company's client list and can use in all marketing materials.
(3) Events, Information, and Speaker Changes: The events, information, and speakers listed on our Sites are subject to change without notification.
(4) COMPENSATION: CLIENT AGREES TO COMPENSATE COMPANY ACCORDING TO THE PAYMENT SCHEDULES SET FORTH ON THE COMPANY’S WEBSITE AND THE PAYMENT PLAN SELECTED BY THE CLIENT (THE “FEE”). COMPANY SHALL CHARGE A 5% (FIVE-PERCENT) LATE PENALTY TO ALL BALANCES THAT ARE NOT PAID IN A TIMELY MANNER BY CLIENT. UPON EXECUTION OF THIS AGREEMENT, CLIENT SHALL BE RESPONSIBLE FOR THE FULL EXTENT OF THE FEE, REGARDLESS OF WHETHER CLIENT COMPLETES THE FULL EXTENT OF SERVICES OFFERED BY COMPANY. IN THE EVENT THAT CLIENT TERMINATES SERVICES PRIOR TO THE COMPLETION OF THE SERVICES, CLIENT SHALL BE RESPONSIBLE FOR ALL PAYMENTS. ALL PAYMENTS SHALL BE COLLECTABLE AND NON-REFUNDABLE EXCEPT AS PROVIDED HEREIN.
(5) REFUNDS POLICY: REFUNDS FOR COACHING, CONSULTING, MENTORING AND PUBLISHING ARE NONREFUNDABLE FROM THE DATE OF PURCHASE. The client is responsible for full payment of fees for the entire Program, regardless of whether the Client completes the Program. To further clarify, no refunds will be issued. ONCE DIGITAL GOODS OR PRODUCTS ARE PURCHASED THERE ARE NO REFUNDS. THEREAFTER CLIENT’S PAYMENT FOR DIGITAL PRODUCTS ARE NONREFUNDABLE AND MAY ONLY BE TRANSFERRED FOR TUITION TO OTHER CLASSES OFFERED BY COMPANY IF THE CLIENT COMPLETES THE ENTIRE COURSE, PARTICIPATES FULLY IN ALL COURSE RECOMMENDATIONS, ACTIONS REQUESTED BY COMPANY, AND DECIDES THAT THE COURSE WAS NOT WORTHWHILE AND THE COMPANY AGREES TO SUCH TRANSFER TO ANOTHER CLASS OR TUITION OFFERED BY COMPANY AT THE COMPANY'S SOLE DISCRETION. you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for A TRANSFER. For the avoidance of doubt, unless you are eligible to receive a TRANSFER TO ANOTHER CLASS, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product. As consideration for any purchase you make on the Websites, you shall pay the Company all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments MAYBE be charged and made in your local currency AT THE ELECTION OF THE COMPANY. FURTHERMORE, AS stated, all items and programs purchased are 100% non-refundable and returns will not be accepted.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize the company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
(6) CHARGEBACKS AND PAYMENT SECURITY: TO THE EXTENT THAT CLIENT PROVIDES COMPANY WITH CREDIT-CARD INFORMATION FOR PAYMENT ON CLIENT’S ACCOUNT, COMPANY SHALL BE AUTHORIZED TO CHARGE CLIENT’S CREDIT-CARD FOR ANY UNPAID INVOICES. IF CLIENT USES A MULTIPLE-PAYMENT PLAN TO MAKE PAYMENTS TO COMPANY, COMPANY SHALL BE AUTHORIZED TO MAKE ALL CHARGES AT THE TIME THEY ARE DUE AND NOT REQUIRE SEPARATE AUTHORIZATION IN ORDER TO DO SO. CLIENT IS RESPONSIBLE FOR ANY FEES ASSOCIATED WITH RECOUPING PAYMENT ON CHARGEBACKS AND ANY COLLECTION FEES ASSOCIATED THEREWITH. Nothing herein shall limit THE COMPANY from seeking payment for any chargeback or credit card disputes made by you at anytime.
By accepting the terms AND CONDITIONS WHICH WILL BE PART OF ANY AGREEMENT WITH THE COMPANY, you agree to never dispute any charges already paid, no matter the payment vehicle. (Example: Paypal, Stripe, bank transfer, etc.).
(8) NO RESALE OF SERVICES PERMITTED: CLIENT AGREES NOT TO REPRODUCE, DUPLICATE, COPY, SELL, TRADE, RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE (INCLUDING COURSE MATERIALS), USE OF THE SERVICE, OR ACCESS TO THE SERVICE.
(9) ACCURACY AND PERSONAL RESPONSIBILITY: As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. 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 on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on this Website.
(10) CLIENT RESPONSIBILITY; NO GUARANTEES AS TO RESULTS: As set forth more fully in the Disclaimers, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website 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 set out on this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Client accepts and agrees that Client is 100% responsible for its progress and results from ANY Program OR COACHING SERVICE. THE COMPANY will be 100% committed to the coaching relationship and will help and guide Client; however, Client’s participation and follow through is the one vital element to ANY Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of ANY program and extent, the results experienced by each client may significantly vary. By AGREEING TO THESE TERMS AND CONDITIONS, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and COMPANY’s comments about ANY outcome are expressions of opinion only. THE COMPANY makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement.
(11) LINKS TO THIRD PARTY WEBSITES AND SERVICES: The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.
(12) USE OF TEMPLATES AND FORMS: The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
(13) USE OF FREE OR BONUS DOWNLOADABLE CONTENT: The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources or products provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
(14) USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL: The Company from time-to-time provides various coaching or other courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
(15) GUESTS INTERVIEWS, AND TESTIMONIALS: The Company may, from time to time, provide information from a third party in the form of a podcast, testimonial, guest interview, interview on other platforms, guest blog post, or other media. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who appear as guests on any video testimonial, written testimonial, interview, or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company FOR the maximum period allowable under copyright law and further provide a license to any rights they are unable to assign.
the company is pleased to hear from users and clients and welcomes your comments regarding our services and products. the company may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to the company's services or products, in printed and online media, as the company determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth below in Section 24, your business results will vary depending upon a variety of factors unique to your business and market forces beyond the company's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant the company a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, the company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. the company shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
(16) PHOTOGRAPHS AND VIDEO CONSENT, WAIVER, INDEMNITY, AND RELEASE:
YOU HEREBY GRANT PERMISSION TO THE COMPANY AND ITS REPRESENTATIVES TO TAKE PHOTOGRAPHS OR VIDEOS OF YOU AND TO MAKE RECORDINGS OF YOUR VOICE DURING ANY COACHING PROGRAM OR SERVICE PROVIDED BY THE COMPANY. YOU FURTHER GRANT TO THE COMPANY AND THEIR REPRESENTATIVES THE RIGHT TO REPRODUCE, USE, EXHIBIT, DISPLAY, BROADCAST AND DISTRIBUTE AND CREATE DERIVATIVE WORKS OF THESE IMAGES AND RECORDINGS IN ANY MEDIA NOW KNOWN OR LATER DEVELOPED. YOU ACKNOWLEDGE THAT THE COMPANY OWNS ALL RIGHTS TO THE IMAGES AND RECORDINGS.
YOU HEREBY WAIVE ANY RIGHT TO INSPECT OR APPROVE THE USE OF THE IMAGES OR RECORDINGS OR OF ANY WRITTEN COPY. YOU FURTHER WAIVE ALL MORAL RIGHTS. YOU ALSO WAIVE ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION ARISING FROM OR RELATED TO THE USE OF THE IMAGES, RECORDINGS, OR MATERIALS. YOU HEREBY RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY CLAIMS, DAMAGES OR LIABILITY ARISING FROM OR RELATED TO THE USE OF THE IMAGES, RECORDINGS OR MATERIALS, INCLUDING BUT NOT LIMITED TO CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR RIGHTS OF PUBLICITY OR COPYRIGHT INFRINGEMENT, OR ANY MISUSE, DISTORTION, BLURRING, ALTERATION, OPTICAL ILLUSION OR USE INCOMPOSITE FORM THAT MAY OCCUR OR BE PRODUCED IN TAKING, PROCESSING, REDUCTION OR PRODUCTION OF THE FINISHED PRODUCT, ITS PUBLICATION OR DISTRIBUTION. YOU CONFIRM YOU ARE 18 YEARS OF AGE OR OLDER AND ARE COMPETENT TO CONTRACT IN YOUR OWN NAME. YOU HAVE READ THESE TERMS AND CONDITIONS BEFORE ENTERING INTO ANY AGREEMENT WITH THE COMPANY, AND YOU FULLY UNDERSTAND THE CONTENTS, MEANING, AND IMPACT OF THIS CONSENT, WAIVER, INDEMNITY, AND RELEASE. THIS CONSENT, WAIVER, INDEMNITY, AND RELEASE IS BINDING ON YOU, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS.
(17) NO TRANSFER OF INTELLECTUAL PROPERTY: COMPANY’S COPYRIGHTED AND ORIGINAL MATERIALS SHALL BE PROVIDED TO THE CLIENT FOR HIS/HER INDIVIDUAL USE ONLY AND A SINGLE-USER LICENSE. THE CLIENT SHALL NOT BE AUTHORIZED TO SHARE, COPY, DISTRIBUTE, OR OTHERWISE DISSEMINATE ANY MATERIALS RECEIVED FROM COMPANY ELECTRONICALLY OR OTHERWISE WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY. ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
CLASSES MAY BE RECORDED BY THE COMPANY. THESE RECORDINGS, IN WHOLE OR IN PART, OR TRANSCRIPTIONS OF THEM, MAY BE USED AS MARKETING MATERIAL TO PROMOTE OR CREATE FUTURE PRODUCTS. BY PARTICIPATING IN THIS COURSE, CLIENT IS CONSENTING TO THIS RECORDING AND PUBLIC DISTRIBUTION OF MATERIAL AND GRANTING A WORLDWIDE PERPETUAL LICENSE TO USE CLIENT’S NAME AND VOICE, FOR SUCH PURPOSES WITHOUT FUTURE COMPENSATION. ANY FUTURE PROCEEDS OF THESE MATERIALS ARE THE EXCLUSIVE RIGHTS OF COMPANY.
(18) LIMITATION OF LIABILITY: BY USING COMPANY’S SERVICES, CLIENT RELEASES COMPANY FROM ANY AND ALL DAMAGES THAT MAY RESULT FROM ANYTHING AND EVERYTHING. THE PROGRAM IS ONLY A SERVICE BEING PROVIDED. BY USING COMPANY’S SERVICES, YOU RELEASE COMPANY FROM ANY AND ALL DAMAGES THAT MAY RESULT FROM ANYTHING AND EVERYTHING. CLIENT ACCEPTS ANY AND ALL RISKS, FORESEEABLE OR NON-FORESEEABLE, ARISING FROM SUCH TRANSACTIONS.
THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO CLIENT OR ANYONE CLAIMING THROUGH CLIENT, CLIENT ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE FEE PAID BY OR ON BEHALF OF THE CLIENT FOR THE PRECEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSEES, AGENTS OR OTHER CLIENT BE LIABLE, TO CLIENT OR OTHERS BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING OR ARISING FROM INCLUDING BUT NOT LIMITED TO; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, NEGLIGENT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION OR EXEMPLARY DAMAGES HAPPENING FROM THE USE OR MISUSE OF THE SERVICE. CLIENT AGREES THAT USE OF THIS SERVICE IS AT USER’S OWN RISK.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF THE COMPANY IS FOUND TO BE LIABLE, COMPANY’S LIABILITY TO THE CLIENT OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF (A) THE TOTAL FEES CLIENT PAID TO THE COMPANY IN THE PRECEDING MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. ALL CLAIMS AGAINST THE COMPANY MUST BE LODGED WITH THE ENTITY HAVING JURISDICTION WITHIN 100-DAY OF THE DATE OF THE FIRST CLAIM OR OTHERWISE BE FORFEITED FOREVER.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to the client in connection with their use of any advice, goods, or services you receive from a speaker, COACH or CONTRACTOR on our Sites or at one of our events.
the company is also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
(19) No Professional Advice: The information contained in or made available through the Sites or by the company (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. the company and our licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither the company nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
(20) Forums: A “forum” means any message board, chat room, user review forum, or other interactive service appearing on any of the Site(s) and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Site(s) in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software, or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Site(s), you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, NON EXCLUSIVE right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
(22) SMS/Mobile Texting: When you become a client through our Site(s), you provide your phone number to us and we may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to the company, la writing coach, the writer's success ACADEMY, BRANDS THROUGH BOOKS or any of its other brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By signing up for any of our products or programs you hereby grant us permission to text you until you reply STOP. We do not ever sell or rent your phone number and we only communicate with you regarding relevant company programs.
(23) Non-Academic Institutions: Please note our company, la writing coach, and the writer's success academy, BRANDS THROUGH BOOKS are not accredited academic institutions and do not issue diplomas or academic certifications or degrees. We do not accept student loans or provide student aid under any programs. We are a for-profit training for personal and professional development.
(24) FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY: As set forth more fully in the DisclaimerS, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
(25) Earnings Disclaimer: We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career with excellence. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing get rich quick” myth or ideology; we only want serious people dedicated to real personal and professional development who want to add value and move forward. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. We don’t know you and, besides, your results in life are up to you. We just want to help by giving great content, direction, and strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our Sites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Any financial numbers referenced here, or on any of our Sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, or Sites, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
(26) DISCLAIMER OF GUARANTEE: CLIENT ACCEPTS AND AGREES THAT SHE/HE IS 100% RESPONSIBLE FOR HER/HIS PROGRESS AND RESULTS FROM THE PROGRAM. CLIENT ACCEPTS AND AGREES THAT SHE/HE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CANNOT CONTROL CLIENT. COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES VERBALLY OR IN WRITING REGARDING PERFORMANCE OF THIS AGREEMENT OTHER THAN THOSE SPECIFICALLY ENUMERATED HEREIN. 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 CLIENT’S REQUIREMENTS OR THAT ALL CLIENTS WILL ACHIEVE THE SAME RESULTS. THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
(27) BOOKMARKING: BOOKMARKING TO A PAGE ON THE SITE WHEREBY THE WARNING PAGE(S) AND/OR TERMS AND CONDITIONS ARE BY-PASSED SHALL CONSTITUTE AN IMPLICIT ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN AND AN EXPLICIT ACKNOWLEDGEMENT OF AGE OF MAJORITY.
(28) SUBSCRIBERS: Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted, and are protected under treaty provisions and worldwide copyright laws. The Site’s materials may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these terms and conditions, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights, or other proprietary information. Except for third party advertisements or communications, for which neither the Site nor the Site owner, screen nor endorse, the Site’s contents are controlled and operated by the Site owner. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited.
(29) NOT A SUBSTITUTE FOR MEDICAL TREATMENT: COMPANY DOES NOT PROVIDE MEDICAL, THERAPY, OR PSYCHOTHERAPY SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY DECISIONS MADE CLIENT AS A RESULT OF THE COACHING AND ANY CONSEQUENCES THEREOF.
(30) AUTHORIZATIONS AND PERMISSION TO SEND EMAILS TO YOU: You hereby authorize and permit notices, advertisements, E-mail, and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers, and contractors by means of e-mail, including without limitation e-mails, advertisements, notices, and other communications. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company’s email list. The subscriber hereby warrants and represents that he or she is over the age of 18, and in all respects is qualified and competent to enter into this agreement. Forward-Looking Statements & Customer Testimonials, or other company staff forward-looking statements that may or may not reflect your experience with our offers. You agree that you understand that some or all of the testimonials on this website are for promotional purposes and may or may not be from real users. These testimonials are used to reflect an average or non-typical user experience and are strictly for promotional purposes.
(31) TERMINATION: IN THE EVENT THAT CLIENT IS IN ARREARS OF PAYMENT OR OTHERWISE IN DEFAULT OF THIS AGREEMENT, ALL PAYMENTS DUE HEREUNDER SHALL BE IMMEDIATELY DUE AND PAYABLE. COMPANY SHALL BE ALLOWED TO IMMEDIATELY COLLECT ALL SUMS FROM CLIENT AND TERMINATE PROVIDING FURTHER SERVICES TO CLIENT.
(32) COMPLIANCE WITH APPLICABLE LAWS: The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
(33) INDEMNIFICATION: CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, COMPANY’S SHAREHOLDERS, TRUSTEES, AFFILIATES, AND SUCCESSORS FROM AND AGAINST ANY AND ALL LIABILITIES AND EXPENSE WHATSOEVER – INCLUDING WITHOUT LIMITATION, CLAIMS, DAMAGES, JUDGMENTS, AWARDS, SETTLEMENTS, INVESTIGATIONS, COSTS, ATTORNEYS FEES, AND DISBURSEMENTS – WHICH ANY OF THEM MAY INCUR OR BECOME OBLIGATED TO PAY ARISING OUT OF OR RESULTING FROM THE OFFERING FOR SALE, THE SALE, AND/OR USE OF THE PRODUCT(S), EXCLUDING, HOWEVER, ANY SUCH EXPENSES AND LIABILITIES WHICH MAY RESULT FROM A BREACH OF THIS AGREEMENT OR SOLE NEGLIGENCE OR WILLFUL MISCONDUCT BY COMPANY, OR ANY OF ITS SHAREHOLDERS, TRUSTEES, AFFILIATES OR SUCCESSORS. CLIENT SHALL DEFEND COMPANY IN ANY LEGAL ACTIONS, REGULATORY ACTIONS, OR THE LIKE ARISING FROM OR RELATED TO THIS AGREEMENT. COMPANY RECOGNIZES AND AGREES THAT ALL OF THE COMPANY’S SHAREHOLDERS, TRUSTEES, AFFILIATES AND SUCCESSORS SHALL NOT BE HELD PERSONALLY RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR REPRESENTATIONS OF THE COMPANY.
(34) Explicit Language & Mature Content: On our Site(s) we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use our Sites.
(35) Restrictions: The contents of our Site(s) are protected by copyright and trademark laws, and are the property of their owners. "The writer's success code: 7-day action guide”, as well as other brands of the company including "the writer's success Academy" are trademarked by the company, and all information on the Site(s) are copyrighted by The company. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from our Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
(37) Confidentiality and Non-Compete: Users of our Site(s) hereby understand that the tools, processes, strategies, materials, and information presented on the Site(s) are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Site(s) proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and the company will pursue legal action and full damages if these terms are violated in order to protect its rights.
(38) LINKS TO THIRD PARTY SITES: This Site may contain links to other sites that are controlled by third parties (“EXTERNAL SITES”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
(39) Submissions: We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions, or materials. If despite our request, you send us any idea, suggestion, or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
(40) REGISTERED USER CONTENT AND LICENSES: As noted above, the Websites provide Registered Users the ability to post and upload Registered User Content (collectively "RUC"). You expressly acknowledge and agree that once you submit your RUC for inclusion into the Websites, it will be accessible by others and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT the company, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own RUC. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for-profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, The company or its other brands or affiliates, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit RUC to us, each such submission constitutes a representation and warranty to the company that such RUC is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the RUC under the prior paragraph, and that it and its use by the company and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
By posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your RUC, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole and absolute discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your RUC as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the RUC.
(41) COMMUNICATIONS WITH US: Although we encourage you to email us, we do not want you to, and you should not email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
(42) MODIFICATION: The company reserves the right, in its sole discretion, to revise, change, or modify all or any part of these Terms and Conditions at any time for any reason or no reason. Changes to the cancellation or refund terms and rate increases will be effective seven (7) days' notice to existing subscribers. Any other changes will be effective immediately once they are posted on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms and Conditions, including any changes made by the COMPANY OR Site, as permitted above. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you desire not to be bound by any modification of these Terms and Conditions, you should stop using the website. The updated, online version of these Terms and Conditions shall supersede any prior version.
(43) CONTROLLING AGREEMENT: IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS CONTAINED IN THIS CONTRACT AND ANY MARKETING MATERIALS USED BY THE COMPANY, COMPANY’S REPRESENTATIVES, OR EMPLOYEES, THE PROVISIONS IN THIS AGREEMENT SHALL BE CONTROLLING.
(44) DIGITAL MILLENNIUM COPYRIGHT ACT: the company respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
dba - LA writers coach & BRANDS THROUGH BOOKS
4695 macarthurs court, Ste. 1100
newport Beach, CA 92660
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
(45) CHOICE OF LAW/VENUE: THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY PRINCIPLES OR CONFLICTS OF LAW.
(46) BINDING ARBITRATION: THE PARTIES HERETO AGREE TO SUBMIT ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT WHERE THE AMOUNT IN DISPUTE IS OVER $2,500 TO ARBITRATION IN THE STATE OF CALIFORNIA, LOS ANGELES COUNTY PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WHICH ARBITRATION SHALL BE BINDING UPON THE PARTIES AND THEIR SUCCESSORS IN INTEREST. THE PREVAILING PARTY IS ENTITLED TO BE REIMBURSED FOR ALL REASONABLE LEGAL FEES FROM THE NON-PREVAILING PARTY IN ORDER TO ENFORCE THE PROVISIONS OF THIS AGREEMENT. In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website WWW.JAMSADR.COM. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
(47) AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER: You agree that any dispute or claim relating in any way to thE company or any agreement entered into by the company with you shall be resolved by binding arbitration administered by the American Arbitration Association in accord with its Commercial Arbitration Rules (available at www.adr.org), except that You or We may assert claims in small claims court. arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(48) EQUITABLE RELIEF: You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of california, los angeles county for purposes of any such action by us.
(49) ENTIRE AGREEMENT: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS AND UNDERSTANDINGS, ORAL OR WRITTEN.
(50) SURVIVABILITY: THE OWNERSHIP, NON-CIRCUMVENTION, PROPRIETARY RIGHTS, AND CONFIDENTIALITY PROVISIONS, AND ANY PROVISIONS RELATING TO PAYMENT OF SUMS 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.
(51) SEVERABILITY: IF ANY OF THE PROVISIONS CONTAINED IN THIS AGREEMENT, OR ANY PART OF THEM, IS HEREAFTER CONSTRUED TO BE INVALID OR UNENFORCEABLE, THE SAME SHALL NOT AFFECT THE REMAINDER OF SUCH PROVISION OR ANY OTHER PROVISION CONTAINED HEREIN, WHICH SHALL BE GIVEN FULL EFFECT REGARDLESS OF THE INVALID PROVISION OR PART THEREOF.
(52) OTHER TERMS: UPON EXECUTION OF THIS AGREEMENT BY SIGNATURE BELOW, THE PARTIES AGREE THAT ANY INDIVIDUAL, FIRM COACH, ASSOCIATES, CORPORATIONS, JOINT VENTURES, PARTNERSHIPS, DIVISIONS, SUBSIDIARIES, EMPLOYEES, COMPANIES, HEIRS, ASSIGNS, DESIGNEES OR CONSULTANTS OF WHICH THE SIGNEE IS AN COACH, OFFICER, HEIR, SUCCESSOR, ASSIGN OR DESIGNEE IS BOUND BY THE TERMS OF THIS AGREEMENT.
(53) Non-Disparagement: Client shall not make any false, disparaging, or derogatory statement in public or private regarding ASHLEY MANSOUR, THE COMPANY, its employees, or agents. THE COMPANY shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with THE COMPANY.
(54) MISCELLANEOUS: Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings and numbers are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
(55) CHANGES TO TERMS AND CONDITIONS: You can review the most current version of the Terms AND CONDITIONS at any time ON this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or USE OF ANY Service PROVIDED BY THE COMPANY following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
(56) CONTACT INFORMATION: Questions about the Terms AND CONDITIONS should be sent to us at SUPPORT@WRITINGCOACHLA.com
THANKS SO MUCH FOR VISITING,
Founder of LA Writing Coach & Brands Through Books