Virtual Expert® Training and Coaching Program

Terms and Conditions of Use

 

Welcome to Kathy Goughenour's Virtual Expert® Training Program(s). We are excited to help you take your virtual business to the next level and become a well-paid Expert VA®, Virtual Expert®, and/or Certified Virtual Expert®

If you have any questions about logistics, including scheduling and billing, please email [email protected].  

PLEASE READ THESE TERMS OF USE ("TOU") CAREFULLY.

You must agree to these TOU before you are permitted to use any of The Goughenour Group LLC’s digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private communities operated by The Goughenour Group LLC (for any purpose), whether on a website hosted by The Goughenour Group LLC or a third-party website such as an online course platform or facebook.com (collectively “the Program”). 

If you do not agree with these TOU, you may not use the Program.

By clicking the box, you are entering into a legally binding contract, and you are agreeing to the terms of this contract as follows: 

As used in these TOU, the term “Releasees” is defined to include the following: (i) The Goughenour Group LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Kathleen Goughenour.

DISCLAIMER 

Client understands Kathy Goughenour and her team of independent contractors who provide services as coaches, VAs and VEs (herein referred to as "The Team") are not employees, agents, lawyers, doctors, managers, therapists, public relations, business managers, registered dieticians, financial analysts, psychotherapists or accountants. Client understands their participation in The Program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment. 

Client understands that The Team and Company shall not be obligated to: 

1. Procure or attempt to procure employment or clients or business or sales for Client
2. Perform any business management functions including but not limited to, accounting, tax, or investment consulting, or advice with regard thereto
3. Act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy
4. Act as a public relations or talent manager 
5. Introduce Client to The Team's network of contacts, media partners or influencers. The Team will make select introductions based on the Client’s goals and The Teams’ judgment. 
6. Client understands that a coaching relationship does not exist between the Parties after the conclusion of The Program. If the Parties continue their relationship, a separate agreement will be entered into. 

SERVICES 

Company agrees to provide training in the program(s) called Expert VA®, Virtual Expert® and Certified Virtual Expert® (herein referred to as “The Program”) depending on the level purchased. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in The Program

PROGRAM STRUCTURE

You will receive coaching, content and updates virtually. You agree to be opted in for communications, via email, phone, video conferencing, etc., in order to receive The Program. 

You agree to immediately move forward with the financial commitment for the program. You agree to participate fully in the program and make your payments on time. 

You agree to adhere to all guidelines as laid out here and in The Program. If you violate any ethics or guidelines, The Company has the ability to revoke your membership in The Program at any time.

The Team has your permission to record your coaching calls/sessions and participation in any portion of The Program.

Level of The Program 

1. Virtual Expert® Membership on a Monthly Payment Plan or Annual Membership Paid in Full (PIF) will receive all membership benefits (These benefits can be modified by The Company as needed to keep up-to-date with current trends of what’s working and not working in the virtual industry. All members will be notified when benefits are modified):
1. Opportunity to receive personal client referrals (Value: Priceless)
2. Business listing in the Virtual Expert® Directory (Value: $50 monthly)
3. Get-Stuff-Done Day monthly with one of our amazing Virtual Expert® Coaches (Value: $50 monthly)
4. Monthly Q&A session with Virtual Expert® Head Coach Joyce Wright (Value: $150 monthly)
5. Access to the Virtual Expert® private Facebook Group (Value: $100 monthly)
6. Quarterly Masterclasses – advanced pitch-free training (Value: $150 monthly)
7. Quarterly Mindset Sessions – advanced pitch-free training (Value: $150 monthly)
8. Quarterly Focused Coaching sessions with Kathy Goughenour to help keep your business moving forward (Value: $150 monthly)
9. Highly Sensitive Virtual Experts® monthly sessions with Sapphires Coach Cindy Winslow
10. Access to the private Job Opps Facebook Group (Value: $150 monthly)
11. Opportunity to promote your services in the Virtual Expert® Facebook Group (Value: $50 monthly)
12. 15-minute laser coaching call (based on availability/max every other month) with Mastermind Coach Mary Hanley (Value: $100 monthly)
13. Access to Autumn W. Boyd, lawyer: Quarterly sessions to answer your general legal questions (Value: $170 monthly)
14. Discounted price of $67, for as long as you remain a paying member. You may apply to become a new member at the full price at the time of your request. Full price is currently $97, and will be increasing to $127. (Savings: $30 monthly)
2. Level 1 Expert VA® Training (L1) will receive the following for a period of 3 months. After the initial 3 months in the Expert VA® Training Program, clients can be upgraded to L2 (if it was previously purchased) or clients can purchase L2 or the Virtual Expert® Membership at the current monthly or annual rate. After completion of all Level 1 payments, access to Level 1 training online remain client’s for as long as the program is in existence.
1. Access to Expert VA® Training modules online.
2. Access to participate live via Zoom for any new or updated Expert VA® Training modules.
3. 1:1 private coaching with a Virtual Expert® Coach for a total of 3 hours at the rate of one hour per month. The 60-minutes per month can be broken down into 2 30-minute sessions, depending on the client’s preference.
4. Unlimited access via email to a Virtual Expert® Coach.
5. BONUS: Free membership in the Virtual Expert® Membership program with benefits as outlined in #1 above.
3. Level 2 Virtual Expert® Training (L2) will receive the following for a period of 4 months. After the initial 4 months in the Virtual Expert® Training Program, clients can be upgraded to L3 (if it was previously purchased) or clients can purchase L3 or the Virtual Expert® Membership at the current monthly or annual rate. After completion of all Level 2 payments, access to Level 2 training online remain client’s for as long as the program is in existence.
1. Access to Virtual Expert® Training modules online.
2. Access to participate live via Zoom for any new or updated Virtual Expert® Training modules.
3. 1:1 private coaching with a Virtual Expert® Coach for a total of 4 hours at the rate of one hour per month. The 60-minutes per month can be broken down into 2 30-minute sessions, depending on the client’s preference.
4. Unlimited access via email to a Virtual Expert® Coach.
5. BONUS: Free membership in the Virtual Expert® Membership program with benefits as outlined in #1 above.
4. Level 3 Certified Virtual Expert® Training (L3) will receive the following for a period of 5 months. After the initial 5 months in the Certified Virtual Expert® Training Program, clients can purchase the Virtual Expert® Membership at the current monthly or annual rate. After completion of all Level 3 payments, access to Level 3 training online remain client’s for as long as the program is in existence.
1. Access to Virtual Expert® Training modules online.
2. Access to participate live via Zoom for any new or updated Virtual Expert® Training modules.
3. 1:1 private coaching with a Virtual Expert® Coach for a total of 5 hours at the rate of one hour per month. The 60-minutes per month can be broken down into 2 30-minute sessions, depending on the client’s preference.
4. Unlimited access via email to a Virtual Expert® Coach.
5. BONUS: Free membership in the Virtual Expert® Membership program with benefits as outlined in #1 above.
5. Bundle of Levels 1, 2, & 3 Certified Virtual Expert® Training (L3) will receive the following for a period of 12 months. After the initial 12 months of Membership in the Virtual Expert® Membership, clients can purchase the Virtual Expert® Membership at the current monthly or annual rate in order to be eligible to renew their Certified Virtual Expert® status. After completion of all payments, access to Levels 1, 2 and 3 training online remain clients for as long as the program is in existence.
1. Access to Virtual Expert® Training modules online.
2. Access to participate live via Zoom for any new or updated Virtual Expert® Training modules.
3. 1:1 private coaching with a Virtual Expert® Coach for a total of 5 hours at the rate of one hour per month. The 60-minutes per month can be broken down into 2 30-minute sessions, depending on the client’s preference.
4. Unlimited access via email to a Virtual Expert® Coach.
5. BONUS: Free membership in the Virtual Expert® Membership program with benefits as outlined in #1 above.

PARTICIPANT RESPONSIBILITY

You accept and agree that you are 100% responsible for your progress and results from The Program. The Team will help guide you, however, participation is the one vital element to the Program's success that relies solely on you. 

Every effort has been made to accurately represent this program and its potential. Each individual’s success depends on her/his ability, actions, dedication, desire, and motivation. 

Company makes no representations, warranties, or guarantees verbally or in writing regarding your performance. You understand that because of the nature of The Program, the results experienced by each client may significantly vary. You acknowledge that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will reach your goals as a result of participation in the program. You understand your role and The Team’s role in this coaching/training program.

If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

LICENSE RIGHTS

You can use everything you learned in The Program for your own Virtual Assistant or Virtual Expert® business use. You cannot create your own training or coaching program using any of these materials in part or in whole. 

NON-DISCLOSURE OF THE PROGRAM MATERIALS

You agree not to distribute The Program materials to anyone. Program materials include but are not limited to call recordings, worksheets, feedback, teaching content, and other materials developed for use during The Program. 

All material (print, digital, verbal) shared with you during The Program is proprietary, copyrighted, and developed specifically for the Company. You agree that such proprietary material is exclusively for your own personal use. Any disclosure to a third party in whole or in part is strictly prohibited. 

NO TRANSFER OF INTELLECTUAL PROPERTY 

Ownership of the Content

Expert VA® and Virtual Expert® are copyrighted and original materials that have been provided to you for your individual use only and are a single-user license. You are not authorized to use any Company intellectual property to develop any programs, including training or coaching programs. 

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Membership Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

The Company’s Limited License to You

If you view, purchase or access any Membership Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

This means you may view, download, print, email and use one copy of individual pages of the Membership Program and Content for your own personal purposes or your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Membership Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own independent contractor business). By downloading, printing, or otherwise using the Membership Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Membership Program or Content shall constitute infringement.  

You must receive our written permission before using any of the Membership Program or Content for your own commercial use or before sharing with others. 

The trademarks and logos displayed on the Membership Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these TOU or any express written license are reserved by us.

Unauthorized Use

Your use of any materials found in the Membership Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

All intellectual property, including all program, course, and coaching materials, shall remain the sole property of the Company. No license to sell or distribute any Company materials in whole or in part is granted or implied. You agree not to infringe any copyright, trademark, trade secret, or other intellectual property rights. If you violate or display any likelihood of violating any of this agreement, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. 

Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Membership Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old.

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason. 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Membership Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any membership program.  If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership Program or in our Content at any time for any reason. 

YOUR CONDUCT

The Membership Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Membership Program members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Membership Program members to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Membership Program members to participate in events, such as a book club, meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services, or other products or services to Membership Program members, unless you are authorized or requested to do so by the Company and that authorization or request has been provided to you in writing.

In the event you pitch, promote, market, or sell to Membership Program members on any Company website or third-party forums operated by the Company, the Company reserves the right to terminate your access to the Membership Program and all Content immediately and permanently without refund.

You are responsible for Your Material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

You are strictly forbidden from the following:

Rights infringement of, harassing, fighting with, or being disrespectful to other members

Causing damage to any Company website or third-party forums operated by the Company

Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission

Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other members, with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company.

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Membership Program and your access to the Content without refund.  

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

Community Guidelines

The Company has created a community that is a judgment-free space for connection, conversation, learning, and growth. Within the Company's community, the baseline expectation is that all members will treat one another with respect while bringing encouragement, support and consideration to all members. The Company’s community guidelines are as follows:

1. The Company’s Membership Program promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
2. The Company does its best to create a safe and welcoming space for all members, however, Company cannot guarantee that all members will follow these guidelines. Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Membership Program. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s trauma or discomfort.
3. The Company has created a safe space for all members to feel seen, respected and heard. Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.
4. Support each member with words of encouragement, resources or suggestions, while respecting each member’s boundaries.
5. Company encourages all members to promote, share and sell their products and services, and to ask one another for referrals and connections to grow business relationships. However, as mentioned within this TOU, all promotions, and sharing of services are allowed, but are subject to only being promoted and shared once the promotion or service has been approved in writing by the Company.
6. The Company reserves the right to offer additional Membership Program elements from time to time, for any subgroup of members. These additional Membership Program elements are extra, not a part of the services included in the base membership of the Membership Program. The selection of the members who may participate in any additional Membership Program elements is at the sole discretion of the Company.
7. We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

Confidentiality

Company agrees to keep all information about your membership confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

1. Was in the Company’s possession prior to your participation in the Membership Program
2. Is generally known to the public or in your circle of friends and family and co-workers
3. Or the Company may be required by law to disclose. 
4. You have given written permission to share

You agree that the Company shall not be liable for the disclosure of any of your information by another Membership Program member. You agree to keep all information you learn about other Membership Program members, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Membership Program and Content.

COVENANT NOT TO COMPETE 

You agree that at no time during the term of your participation in The Program and for a period of one year immediately following your termination or completion of The Program you will not engage in any business activity which is competitive with The Program or work for any company which competes with The Program. 

 

INDEPENDENT CONTRACTOR STATUS 

Nothing in this agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance and shall retain control over its personnel and the manner in which such personnel performs. In no event shall such persons be deemed employees of the other party by virtue of participation or performance. 

You agree that you are legally authorized to work in the U.S.A.

 

PAYMENT OPTIONS

There are 2 payment options and must be finalized in order to participate in the benefits of The Program: 

1. Pay In Full (PIF)
2. A Monthly Payment Plan provided by Goughenour Group LLC

Payment Entitles You Access To The Program(s) You Purchased

1. Expert VA® Training (L1)
2. Virtual Expert® Training (L2)
3. Certified Virtual Expert® Training (L3)
4. Virtual Expert® Membership

PAYMENT SCHEDULE FOR Virtual Expert® Membership

Annual Pay-in-Full: You agree to pay a one-time, immediate payment of the price provided to you, which is the annual total cost of your Virtual Expert® Membership. Recurring annual payments will be charged to your card on the same day, each year after you join (if, for example, you join on April 28, 2022, your card would be charged again on April 28, 2023, and so on).

Month-to-Month Commitment, Cancel at any Time: Upon registering for this Membership Program, your first payment will be due, followed by recurring,ongoing monthly payments. The recurring monthly payment will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on). 

You can cancel at any time before the next month’s or next year’s payment is charged, as outlined below. In the event you do cancel, default or late payments will be due immediately.

PAYMENT POLICY

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received by the payment due date, you will have a three (3) day grace period to make the payment, otherwise the Membership Program will not continue, and we reserve the right to terminate your access to the Membership Program and all Content, as defined below, immediately and permanently.  

Payments that are late by more than seven (7) business days will incur a $100 late fee. 

Collections will be enforced for all payments under this Goughenour Group LLC payment policy, which may include using a 3rd party to collect on the Company’s behalf. 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Membership Program at any time or for any reason, you will remain fully responsible for the full cost of the Training Program(s) and/or Membership Program and all payments in any payment plan you have chosen. 

The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

REFUND POLICY

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Memberships or Events and no refunds will be provided to you at any time. By using and/or purchasing our Program(s), you understand and agree that all sales are final and no refunds will be provided.

Company reserves the right, in its sole discretion, to determine how to manage a participant who violates these Terms. Therefore, if a participant disagrees with how the Company manages another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access and participation in the Program without notice and without refund. 

The Company may offer additional program elements for a subgroup of participants. The Company reserves the right, in its sole discretion, to offer member participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.

Since we have a clear and explicit Refund Policy in this agreement that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK, RELEASE, DISCLAIMERS

1. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise. 
2. Client agrees they used Company’s services at their own risk and that Program and Content provide information and education only, and do not provide any financial, legal, business, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You understand that your participation in the Program will not treat or diagnose any disease, illness, or ailment. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program. Client agrees that Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.  
3. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
4. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

Earnings and Results Disclaimer:  

You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

SECURITY

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.

INTELLECTUAL PROPERTY RIGHTS 

Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. 

USERNAME AND PASSWORD 

To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.  

FORCE MAJEURE  

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.  

SEVERABILITY/WAIVER  

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. 

NON-DISPARAGEMENT 

Each Party agrees not to make disparaging comments regarding any other Party to third parties in any form or fashion, provided that nothing contained in the foregoing shall be understood to preclude any Party from conferring in confidence with its legal representatives and making truthful statements as required by subpoena or otherwise by formal legal process. The Parties further agree that they will not post or disseminate any disparaging remarks regarding any Party in any media, including without limitation any online or other forum. 

The Parties agree that any breach of any non-disparagement provision of this Agreement shall constitute a material breach of these TOU, for which an injunction, monetary damages, or other remedies may be available. The Parties further agree that any breach or threatened breach of any non-disparagement provision of these TOU may cause immediate and irreparable harm to the disparaged Party that may not be adequately compensated by damages.  Each Party therefore agrees that in the event of such breach or threatened breach, and in addition to any remedies available at law, the disparaged Party shall have the right to secure equitable and injunctive relief, in connection with such a breach or threatened breach.

LEGAL DISPUTES 

These shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflict of laws principles. The state and federal courts nearest to Black, Missouri shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

MISCELLANEOUS   

LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases the Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable.  

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program.  

ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.  

TERMINATION. Company is committed to providing all clients in The Program with a positive Program experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or difficult to work with, or upon violation of the terms of this contract. Client will still be liable to pay the total contract amount.  

USERS OUTSIDE UNITED STATES. The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, 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. Client 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.  

NOTICES. Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties at the address where their business is officed. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of 3 days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or electronic mail, provided sender maintains confirmation that the notice was properly transmitted on that date.  

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.  

This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.  

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date the box was clicked and initial payment was made. 

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these terms, do not purchase or use the Program or Content. 

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