Terms of Use
Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.
Terms of Use
By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.
Changes to Terms of Use
We reserve the right to amend or update these Terms of Use at any time with or without notice to you, and may also add new features or functionality to, or change or remove existing features or functionality from, the Service that will be subject to the Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Use, you acknowledge that you have read them carefully.
Arbitration Notice
These Terms of Use require that dispute between you and Company will be resolved by binding, individual arbitration on an individual basis, rather than jury trial, and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class action lawsuit or class-wide-arbitration and that you are waiving certain other legal rights and you are voluntarily agreeing to do so.
Use and Consent
All of our Products, Programs, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Product, Program, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.
You are responsible for making all arrangements necessary for you to have access to our Products, Programs and Services and ensuring that all person who access such through your internet connection are aware of these Terms of Use and are at least 18 years old.
Intellectual Property Rights
Work Product
Our Limited License to You
Your License to Us
Company Hyperlink
Links to Other Websites
Media Release
Participation in, viewing and using our Products, Programs, Services and Program Materials, including our Facebook community, implies consent to view your photographs, audio recordings, video recording and images with others in the Facebook community and you acknowledge that these photographs, audio recordings, video recording and images may be used in connection with marketing materials, promotional efforts or current or future Products, Programs or Services, without compensation to you at any time, now or at any time in the future.
Consent to Record
Request for Permission to Use Consent
The email should clearly state the following:
Confidential Information
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:
1. Pursuant to the terms in this Terms of Use and Privacy Policy and our Disclaimer;
2. If we are required to do so by law;
3. In the good-faith belief that such action is necessary to conform to the law;
4. To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;
5. To protect and defend our rights or property or those of our users or purchasers, and/or;
6. To act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
What Company Does with Confidential Information
Company acknowledges that we may use such data and Confidential Information for the following:
1. Internal billing and/or record keeping (such as tracking of income, users, followers, social media or otherwise, etc);
2. To improve, promote and/or customize our current and/or future Products, Programs, Services and Program Materials or special offers and promotions;
3. Data for research purposes;
4. All data and Confidential Information is stored in a data management system which can only be accessed by Company or its representatives, staff, affiliates, or those who would help manage such information by direction and control of Company.
If at any point, you wish not to receive any promotional materials associated with our Products, Programs, Services or Program Materials, you may send an email to admin@alexisbjelica.com to unsubscribe and be removed from our email list.
Viewing Confidential Information by Others
How We Use Cookies
Slack Workspaces
Privacy
Passwords
In order to use certain Products, Programs, Services or Program Materials, or certain features of, you may be issued or asked to create a username and password of your choosing. You are responsible for maintaining the confidentiality of the username and password and are responsible for all activities that occur while using your username, password or account, and to protect your own password from disclosure to others. Company does not permit you to share your username and/or password and we reserve the right to immediately terminate your access to the Product, Program, Service, Program Materials, Website, private forum, Facebook group or any other related communications. Company is not liable for any loss or damage arising from your failure to protect your password or account information. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Products, Programs and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Security
Company has security measures in place to prevent the loss, misuse, and alteration of any and all information that is obtained from you. However, Company makes no assurances about our ability to prevent such loss, misuse to you or any third party arising out of any such loss, misuse or alternation. Company will use our best efforts to keep your Confidential Information safe, secure and confidential. Due to the nature of the internet, Company cannot completely ensure nor warrant the security of your Confidential Information or any other data or information transmitted to us. Therefore, submitting Confidential Information is done at your own risk.
Assumption of Risk & Disclaimer
We take every precaution to protect our Products, Programs, Services and Program Materials, however, we cannot completely ensure or warrant the security of our Products, Programs, Services and Program Materials. Company makes no assurances about the ability to prevent any loss or damage to you, or any other person, company or entity arising out of the use of our Products, Programs, Services and Program Materials and you agree and acknowledge to assume the risk in using our Products, Programs, Services and Program Materials. You assume and accept the risk of not achieving any results (or less than desirable results) from participating in Company’s Products, Programs, Services or Program Materials.
Company expressly excludes any and all liability for direct, indirect or consequential loss or damage incurred by you or others by using or in connection to our Products, Programs, Services and Program Materials, to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
You specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any other Products, Programs, Services or Program Materials participant or user, including you.
Medical Disclaimer
Company’s Products, Programs, Services and Program Materials are not, and in no way should, be perceived as or relied upon in any way as medical or mental health advice. The information contained in our Products, Programs, Services and Program Materials are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Products, Programs, Services and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer
Earnings Disclaimer
Warranties Disclaimer
Technology Disclaimer
Company
makes no warranty or guarantee as to the delivery, accuracy, timeliness,
performance, completeness, suitability of the information, uninterrupted
access, error-free of our Products, Programs,
Services and Program Materials through methods like our Website, member forum, private
Facebook groups, Slack channels, e-mail communications, videos, audio
recordings, webinars, recorded webinars, teleseminars, recorded teleseminars,
emails, downloadable Mp3 audio files, downloadable PDF printed transcripts,
downloadable PDF handouts/slides, handouts, ebooks, interactive course
materials, or any other materials provided by us to you. Every effort has been
made to present to you with the most accurate, up-to-date information in our
Products, Programs, Services and Program Materials. However, because the nature
of this information is constantly evolving, we cannot be held responsible for
the accuracy of our content. You acknowledge that the content and such
information may contain inaccuracies or errors and Company is not liable for
any such inaccuracies or errors to the fullest extent permitted by the law.
Company cannot guarantee access to our Products, Programs, Services and Program Materials. You acknowledge that access might 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. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds, or for any other recourse, should our Products, Programs, Services or Program Materials be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Products, Programs, Services and Program Materials.
Indemnification
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, Programs, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.
Speaker Indemnification
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Products, Programs, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Your Conduct
You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:
• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others
• To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
• To cause annoyance, inconvenience or needless anxiety
• To impersonate any third party or otherwise mislead as to the origin of your contributions
• To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms.
Company reserves the right to remove any member from our Membership Site(s), Programs, Products or Courses for violation of the terms as found in this Terms of Use at its discretion. Reasons for removal may include but is not limited to:
· A violation of conduct as found in the paragraph listed above;
· The use of Products in violation as is listed in this Terms of Use;
· Member’s company or business is a direct competitor of Company; Cyber bullying, harassment or any other type of abuse within the Membership or Slack Workspace group;
· Any other reason as Company shall see fit.
Communication Guidelines
Purchase and Online Commerce
All information obtained during your purchase or transaction for our Products, Programs, Services and Program Materials and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products, Programs, Services and Program Materials, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. Y
ou agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products, Programs, Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that 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.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products, Programs, Services and Program Materials (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Products, Programs, Services or Program Materials, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payments
From Concept to Course
· Payment Plan: $1,000 to be paid in monthly payments of $500 for 2 months
Should You be unable to make the payments as outlined in this Terms of Use, you agree to promptly notify Company and/or Company’s Team to ensure payments are not missed.
You agree and acknowledge that Company may make changes to any Programs, Courses and/or Membership sites at any time and without notice.
Late Payment and Cancellation Policy
Should you fail to make a payment in a timely manner in accordance with these Terms of use, or voluntarily decide to withdraw from our Products, Programs or Services at any time or for any reason whatsoever, you remain fully and wholly responsible for the full cost of the Product or Program and Company shall retain all rights available to them under the law.
Cancellation policies vary by program type: Private Coaching, Masterminds, Courses, Programs and Products do not have a cancellation policy. Should you wish not to continue Private Coaching, Masterminds, Courses, Programs and Products, you remain fully and wholly responsible for the full cost of the Product or Program and Company shall retain all rights available to them under the law.
Memberships (such as a monthly/quarterly membership) may be cancelled by submitting a written cancellation to admin@alexisbjelica.com within a 7 day period prior to the next recurring payment (due date). No refunds shall be given for notices that are provided less than the 7 day period.
Refund Policy
Lifetime Access
You agree and acknowledge that you may be granted a “lifetime access” limited license to access certain Products, Programs or Services. Company reserves the right to revoke any license to access any Products, Programs or Services at any point in time in the event that Company is under a legal obligation to do so, any of the terms of this Terms of Use are breached, if the Company shall choose no longer provides the Products, Program or Service or for any other reason as the Company shall see fit. The revocation of such license does not obligate the Company to issue a refund, whether in full or a partial refund, for such Products, Programs or Services, for any reason.
Changes to Products, Programs and Services
You agree and acknowledge that the Company reserves the right to update, amend, change or disable specific portions of any Products, Programs or Services at any point in time and for any reason as the Company shall see fit. Any amendment, update, change or disabling of any portion of any Products, Programs or Services does not obligate the Company to issue a refund, whether in full or a partial refund, for such Products, Programs or Services, for any reason.
Dispute Resolution
By purchasing our Products, Programs, Services and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
You also agree that should arbitration take place, it will be held in Evergreen, CO, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products, Programs or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Governing Law
Additionally, please review the terms of our Privacy Policy for how your information is stored and shared.