Terms and Agreement_2023
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PLEASE SEE THE BELOW AGREEMENT AND CONSULTING TERMS AND SIGN ONLINE
SECTION 1: General Terms and Consulting Agreement:
TERMS: AprilBeach.com The SweetLife Co. [SLC] Baby Planner Inc. [BPI] is a business consulting firm. Advice given can and will be altered per business. In no event will SLC or our Licensors or Affiliates be accountable for loss of revenue or time caused by use of or lack of use of consulting advice, recommendations, information shared, recommendations, graphic development, website design/functionality, sales performance or the like in any kind generating profitability or profit loss from the business support, services, trainings, workshops, coaching, advice, coaching or similay support given to clients. SLC offers no warranty over products, consulting or services delivered. SLC reserves the right to change contractual terms at any time.
SOFTWARE: At times clients shall be entitled to access online services or software offered clients from SLC. No guarantee is made to the accessibility or reliability of such online software or services. SLC reserves the right to cancel online services at any time.
AFFILIATES: Clients agree that any affiliate relationship or referrals given generated through SLC must remain managed by SLC and clients cannot hire affiliates outside of the SLC relationship. SLC shall not be liable for work provided by affiliates.
PRIVACY: All consulting remains confidential and SLC will not share your information, business ideas and IP except with those affiliates, ICs and employees on an as needed basis to support your company and general information for marketing purposes.
SCHEDULING: This workshop will be offered one time and recordings will be shared with Clients. Clients are entitled to access the recordings for up to 12 months. Should SLC need to cancel or reschedule for any reason, your consulting fees will be applied to our next workshop session. Should you miss a group coaching session or live training, this will not be refunded to you. Missed events, workshops, trainings, and/or coaching sessions will not result in a credit for future use.
PAYMENT: Client agrees to pay for the entire program. This program is nonrefundable.
Private Clients: Clients agree to pay invoices in full. 2.9% may be added to credit card payments greater than $3000. Late payments will be assessed late fees of 5% per month and products or services may be withheld until payment is current.
Defaulted Payments: Defaulted payments shall be turned over to collections. Client shall be responsible for all collection and legal costs incurred.
General Terms and Consulting Agreement, EULA and Licensing Details
Online Trainings, Curriculum, Products, Services and Consulting:
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THIS WORKBOOK, FORMS, DOWNLOADS, VIDEO TRAINING, SLIDES, CONSULTING ADVICE WRITTEN OR VERBALLY DELIVERED. BY PURCHASING THE SERVICE, COACHING, CONSULTING, ADVICE OR PRODUCT, OR USING EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THIS PROGRAM/WORKBOOK OR CANCEL YOUR CONSULTING SESSION PROMPTLY.
IMPORTANT – READ CAREFULLY FOR USING AND/OR LICENSING OUR MATERIALS
This EULA is a legal agreement between you (either an individual or a single entity) and SLC. Training Workbook and related Webinars , Consulting, Videos, Materials and Online Training (the “Program”). The Program includes associated media, printed materials, templates and “online” or electronic documentation (“Documentation”). By purchasing, installing, copying, downloading, accessing or otherwise using the Program, you agree to be bound by the terms of this EULA. Once you have agreed to this EULA and you have downloaded or purchased the book Program and Documentation, you are not entitled to a refund.
COURSES, CONTENT & TRAININGS
1. License. The Program is protected by copyright laws as well as other intellectual property laws and treaties. The Program and the Documentation are licensed, not sold, to you. Subject to your payment of the applicable fees and your compliance with the terms of this agreement, you are hereby granted a non-exclusive and non-transferable license to use the Program and Documentation. You agree to use your best efforts to prevent and protect the contents of the Program and Documentation from unauthorized use or disclosure.
2. Restrictions. You may not rent, lease, sell, copy or otherwise transfer or distribute copies of the Program to others, nor may you create derivative works of the Program. You may not modify or translate the Program or Documentation without the prior consent of SLC. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from any software used to provide the Program, materials and content. The Customer agrees that aspects of the licensed materials, coaching frameworks, consulting education including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of SLC. The customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of SLC. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to the Program and Documentation shall remain solely with SLC.
You may not redistribute, bundle, or package the Program or any Documentation downloaded or obtained from SLC without the prior written consent of SLC. You may not use any Program or other Documentation downloaded or obtained from SLC in the production of a commercial product without the prior written consent of SLC
You may not delete, remove, hide, move or alter Text that represents either the company name of SLC, the product name workbook or any derivations thereof. All representations to the company name SLC or the product name workbook must remain as originally distributed regardless of the presence or absence of a copyright symbol.
You may make one copy of the Program in machine-readable form solely for backup purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Program, including the printed materials accompanying the Program. SLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Program and all of its component parts. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will either destroy (or permanently erase) all copies of the Program and Documentation. SLC reserves the right to terminate this License and Program should end user fail to remit payment for License and/or Program to SLC or an authorized reseller of SCL.
3. Ownership Rights. This EULA does not grant you any rights in connection with any trademarks or service marks of SLC or its suppliers. All title and intellectual property rights in and to the Program and Documentation (including but not limited to any images, photographs, animations, video, audio, music, text, forms, frameworks, systems, lists, worksheets, processes, and “applets,” incorporated into the Program), the accompanying digital and printed materials, and any copies of the Program, are owned by SLC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by SLC and its suppliers.
FOR ALL CLIENTS:
4. WARRANTY DISCLAIMER. THE FOLLOWING IS WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE AT LAW WHICH CANNOT LEGALLY BE EXCLUDED OR RESTRICTED. SLC AND ITS DISTRIBUTORS PROVIDE THE PROGRAM AND DOCUMENTATION “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU ACKNOWLEDGE THAT NO PROMISE, REPRESENTATION, WARRANTY OR UNDERTAKING HAS BEEN MADE OR GIVEN BY SLC TO ANY PERSON OR COMPANY ON ITS BEHALF IN RELATION TO THE PROFITABILITY OF OR ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED FROM THE DELIVERY OR USE OF THE PROGRAM, CONSULTING, COACHING, DOCUMENTATION OR OTHER WRITTEN MATERIALS. YOU HAVE RELIED UPON YOUR OWN SKILL AND JUDGMENT IN DECIDING TO ACQUIRE THE PROGRAM AND DOCUMENTATION FOR USE BY YOU. IN NO EVENT DOES SLC WARRANT THAT THE PROGRAM IS ERROR-FREE OR THAT YOU WILL BE ABLE TO USE THE PROGRAM, CONSULTING AND DOCUMENTATION WITHOUT PROBLEMS OR INTERRUPTIONS. YOU FURTHER ACKNOWLEDGE THAT SLC IS NOT PROVIDING MEDICAL/LEGAL/FINANCIAL /PROFESSIONAL ADVICE TO YOU OR ANYONE TO WHOM YOU PROVIDE SERVICES. TO THE EXTENT THAT SLC PROVIDES TEMPLATES, STEPS, WORKSHEETS, YOU UNDERSTAND THEY ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE PROGRAM, DOCUMENTATION, AND INFORMATION PROVIDED TO YOU BY SLC IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR MEDICAL, LEGAL OR OTHER PROFESSIONAL COUNSEL.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL SLC, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, PARTNERS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROGRAM FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PROGRAM, OR SUPPLY OR NON-SUPPLY THE PROGRAM, EVEN IF SLC, ITS LICENSORS OR AUTHORIZED DISTRIBUTORS OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION ON LIABILITY IS APPLICABLE WHETHER THE DAMAGES RESULT FROM ACTIONS OR INACTIONS OF SLC OR ARE THE RESULT OF THIRD PARTIES. SLC’S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PROGRAM. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
6. General. This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America as if performed wholly within the state and without giving effect to the principles of conflicts of law. This EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Any dispute between you and SLC regarding this Agreement will be subject to the exclusive venue of the state and federal courts in the State of Colorado. If any portion hereof is found to be void or unenforceable, the remaining provisions of this EULA shall remain in full force and effect. This EULA constitutes the entire license agreement between the parties with respect to the use of the Program and Documentation.
7. Intellectual Property, As a CLIENT you shall be privy to methodologies, systems, intellectual property, processes, blueprints, templates, courses, presentations, forms and content that is the protected Intellectual Property and/or methodology of SLC. BPI and APRIL BEACH These systems are to help you improve and design your business, programs, and systems and are not to be copied, reproduced, reverse engineered or otherwise used or disclosed in your programming or to your clients any capacity.