Company agrees to provide Companying and educational services to Client described in this Agreement through Company’s course, (the “Course”) ;
WHEREAS, Client agrees to hire Company for these services through the purchase and enrollment in the Course.
In consideration of the exchange between the Parties, it is hereby agreed as follows:
TERMS AND CONDITIONS OF PURCHASE
By purchasing any course or workshop (the “Course”) from Ava Johanna (“Company”), you agree and consent to the following legal terms and conditions that govern your use of the Course and that form a legal agreement between you and the Company.
You must be at least 18 years of age or older to purchase this Course. The Course is available for individual purchase only. Friends, family, partners, colleagues, etc, will need to each purchase the Course individually. You are expressly prohibited from sharing access to the Course with anyone else. Additionally, you have no right to assign this Agreement as this Course is non-transferable.
DISCLAIMERS AND INDIVIDUAL RESPONSIBILITIES
This Course is not a get rich scheme. Company cannot guarantee any success or projected increased income from taking this Course. Although there are many happy students of the Course, many of whom have provided testimonials, their results may not be typical for everyone and they are not intended to guarantee, promise, represent and/or assure that you will achieve similar results from taking the Course. Each person’s success and results depend on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Course.
This Course does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Course cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results.
Company disclaims any liability for your reliance on any opinions or advice contained in the Course.
Any third party links to products or services are subject to separate terms and conditions. Company is not responsible for or liable for any content on or actions taken by such third party websites. Although Company may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) REGARDING THE PRODUCTS, ANY SERVICES PROVIDED HEREIN, OR THE TECHNIQUE AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
You are responsible for paying the total amount for the Course in United States Dollars (USD) and for providing the Company with a valid credit card or other payment method. The full payment can be made in the following ways:
- pay total amount in full up front when registering for the Course
- enrolling in a payment plan at the time you register for the Course
If you enroll in a payment plan, all payments will be charged to the credit card provided, and Client authorizes Company to make all charges at the time they are due without separate authorization.
We do not provide discounts for students who are located outside of the United States. We are also not responsible for any international fees that may accrue due to currency conversions or international bank fees.
Once the payment plan is set and you agree to the payment plan terms, it cannot be changed. - - For example: If you enrolled in a 3-month payment plan, you cannot switch over to a 6-month payment plan.
If the payment is declined, returned or deemed fraudulent, your access to the Course may be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Course may be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the Course unless all remaining payments are made in full.
You may request a refund within 24 hours of purchasing the Course. To request a refund, email [email protected] within 24 hours of your purchase date. After 24 hours, no refunds will be offered.
This Agreement will end either (1) automatically at the end of the Course, (2) automatically upon completion of the services, or (3) immediately if Company gives Client written notice for good cause.
This Course includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Course files to sharing sites is considered stealing and Company may prosecute such misconduct to the fullest extent permitted by law.
Company provides you with this Course solely for your personal, noncommercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Course in a manner that constitutes infringement or that has not been authorized by Company. More specifically, you may view, download, print, email and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Course for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from the Course.
To access certain features of the Course, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If Company has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded course material to any other person, Company has the right to suspend or terminate your account and refuse any and all current or future use of the website and online courses, in whole or part, without refund.
AUDIO, PHOTO, AND/OR VIDEO RELEASE
I authorize the Company to use my voice, photo, and likeness captured via photograph, audio or video, using any technology known or unknown, for testimonials, future products and/or marketing. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings are exclusive property of the Company and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. The Company owns all rights of any audio, video, and/or photographs captured during Course.
Company may collect information from you when you purchase the Course, fill out any type of form, access private membership pages, or otherwise contact Company via an online form, e-mail or through social media. The information collected may include your name, e-mail, address, phone number, and billing information.
Company collects such information in order to send emails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions and improve website performance and customer service.
By purchasing the Course, you will be subscribed to Company’s email list if you are not already a subscriber. If you wish to unsubscribe from receiving emails from Company unrelated to the Course, you may do so at any time. Each email from Company includes a link to unsubscribe from email communications. Just be certain to not unsubscribe from the Course list or you will no longer receive information and course materials related to the Course purchased.
Company may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience.
Company respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. Company may, however, share your information with third party service providers working on Company’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or email platforms or to process financial transactions. Company may also be required by law to release information in certain circumstances.
Please note that any comments or information that you post on the Course website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. Company is not responsible for any unauthorized uses by third parties in such context.
Any third party links to products or services are subject to separate privacy policies. Company is not responsible for or liable for any content on or actions taken by such third party websites.
This Course is targeted and intended for persons over the age of 13. Company does not knowingly collect information from anyone under 13 years of age.
You are strictly forbidden from the following:
- Causing damage to the Course website or private membership site
- Using the Course website or private membership site for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using the Course website or private membership site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using the Course website or private membership site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from the Course website or private membership site
- Sharing private, copyrighted and proprietary information from the Course with anyone else or otherwise sharing your username and/or password
NO INDIVIDUAL COACHING
The Course does not include individual Coaching. It is a self-study course only with at least one group call. Participating in the group call or Course does not create an individual Coaching relationship.
PRIVATE FACEBOOK GROUP
Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the Course (the “Group”). The Group is a complimentary bonus and subject to Facebook terms and conditions. Company does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. Company is not liable for the Group being made available to you or your rights to access Facebook. Additionally, Company may institute community rules and guidelines for the Group with which you agree to comply.
You agree to indemnify, defend and hold harmless Company and her agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your participation in the Course or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws. The state and federal courts located in San Diego, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
We will attempt to resolve any dispute in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in San Diego, California, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. JAMS will administer the arbitration. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.
The headings in this Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this Agreement or any of the obligations herein.