Breaking Free: A 30-Day Business Kickstarter and Sarah Cook Business Coaching, LLC. Terms & Conditions

 

The following terms ("Terms of Use") constitute an agreement between Sarah Cook Business Consulting LLC, an Ohio limited liability company ("SCBC"), and the purchaser (“You”) of the Breaking Free: A 30-Day Business Kickstarter  ("Course") that governs Your participation in the Course. You agree to abide by the Terms of Use as a condition of Your participation in the program.

Your purchase of the Course constitutes Your acceptance of, and agreement to the following Terms of Use. SCBC reserves the right to modify, alter, amend or update its Course, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase the Course.

Disclaimer

You understand that a professional or consulting relationship does not exist between You and SCBC outside of the purchase of this Course. A separate agreement is necessary to retain SCBC for consulting purposes.

SCBC has made every effort to ensure that all materials within the Course have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by SCBC. SCBC assumes no management responsibility for Your decisions or for policies or practices that You implement.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. SCBC makes no guarantees regarding results, present or future. SCBC is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement.

Your Responsibility

The Course was developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Course. SCBC makes no representations, warranties or guarantees. You understand that results may vary from person to person.

You understand that SCBC is not responsible for Your results or any expenses that You may incur as a result of Your purchase. SCBC assumes no responsibility for errors or omissions that may appear in the Course.

Purchase Policies

The Course is provided through downloadable content, including PDF worksheets, slides, access to a private Facebook group and live video content that is hosted by SCBC. The live video content is hosted through Zoom (“Zoom Calls”) and will be recorded for potential future uses. By purchasing the Course, you agree to be a participant who appears on the Zoom Calls, which may be used or repurposed by SCBC at a later date. Course content is available only to those who have enrolled in the Course.

Refund Policy

Your purchase is non-refundable and You are responsible for payment of all fees.

Confidentiality & Privacy

SCBC respects Your privacy and insists You agree to respect the privacy of SCBC and all other Course participants ("Participants"). Any confidential information ("Confidential Information") shared by Course Participants or any SCBC representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Facebook group or on the Zoom Calls that is open to enrolled members of the Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore You will NOT reveal any information to a third party obtained in connection with this Agreement. Further, by purchasing this Course You agree that if You violate or display any likelihood of violating this Agreement the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Intellectual Property

All original materials provided by SCBC as part of the Course are owned by SCBC, including, but not limited to the downloadable PDFs, slides and the Zoom Calls, including, but not limited to, Your participation, that are recorded as part of the Course. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of SCBC's intellectual property. All intellectual property remains the property of SCBC. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. SCBC will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. SCBC retains the right to sell, distribute, reproduce, prepare a derivative work, display or perform the Course, including the recorded Zoom Calls that may include Your likeness or biographical information without compensation to You.

Certain of the names, logos, and other materials displayed in the Course constitute SCBC’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“SCBC IP”). You are not authorized to use any SCBC IP without SCBC’s express consent. Ownership of SCBC IP remains with SCBC and You agree not to make any claims or assertions of any other party’s ownership of SCBC IP.

Networking and Branding 4-Week Intensive Virtual Course and Sarah Cook Business Consulting are trademarks of SCBC and are protected by United States trademark law. SCBC's trademarks and trade dress may not be used in connection with any product or service that is not SCBC's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits SCBC.

Likeness and Biographical Release

You grant SCBC the right to use Your image, visual likeness, portrait, photograph, video and sound recordings (collectively referred to as “Likeness”) in all forms of media. You grant SCBC the right to use Your biographical information ("Biographical Information"), including, but not limited to name, age, location, and other personal information conveyed to SCBC. Such Likeness and Biographical Information will be used in the Course, edited and unedited, any subsequent uses or sales of the Course, any derivative works made from the Course and in connection with promotion and/or marketing for the Course and SCBC (the “Material”).

You and SCBC agree to only use the Your Likeness and Biographical Information in connection with the above uses and for no other purpose or purposes without Your prior written consent.

You represents and warrants that You have the right to grant SCBC the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of SCBC Contestant hereby releases SCBC from, and agrees not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Material or the exercise of any of the rights referred to herein. You agree to indemnify and hold harmless SCBC, and their officers, directors, shareholders and employees, from and against any liabilities, losses, claims, demands, costs (including, without limitation, attorneys' fees) and expenses arising in connection with any breach or alleged breach of any of the above representations, warranties or agreement in this section.

You acknowledge that, in the event of any breach by SCBC or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle You to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and You will have neither the right to rescind or terminate this agreement or any of SCBC’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Material.

Equitable Relief.

You acknowledge and agree that in the event of certain breaches of the Terms of Service, SCBC may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that SCBC shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Registration & Restricted Access

Access to the Course is restricted to Course members. Each week you will receive a password to log in to the weekly Zoom Call. You agree to keep the Zoom Call password confidential. If You suspect Your password has been compromised, You must notify SCBC immediately at info@sarahcookcoaching.com. SCBC will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to SCBC or other third parties for any losses incurred due to such unauthorized use.

SCBC may disable Your password at its sole discretion.

SCBC reserves the right to modify methods for registration and access levels of registered users from time to time.

Communication - Electronic Notice

You consent to receive communications from SCBC electronically. You agree that all legal notices provided via electronic means from SCBC satisfy any requirement for written notice.

Third Parties

The Course offers resources that may contain links to third-party websites that are not governed or controlled by SCBC. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. SCBC assumes no control or liability over the content of any third-party sites. You expressly hold harmless SCBC from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Course, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Course, You expressly hold SCBC harmless from any and all liability in any dispute.

No Warranties

The Course is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. SCBC makes no representations or warranties in relation to the Course or the information and materials provided therein.

SCBC makes no warranty the Course will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course.

Limitation of Liability

SCBC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold SCBC, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which SCBC suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Ohio. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Columbus, Ohio. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without SCBC's prior written consent, however, the Terms of Use may be assigned by SCBC in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Course offered by SCBC. SCBC reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to info@sarahcookcoaching.com for SCBC and to Your email address.

Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

  • Website: sarahcookcoaching.com

  • Email: Chelsea at info@sarahcookcoaching.com

 

Updated on 1/16/2019