COLLEGE UNCOVERED TOOLKIT TERMS AND CONDITIONS
Thank you for purchasing our online “COLLEGE UNCOVERED Toolkit” (“Program”). As a condition of this purchase you have agreed to be bound by the following legally binding agreement (the “Agreement”) between you as a participant (“You”) and Ignite Peak Performance, LLC (“We” or “Us”). By clicking on “I Agree” you have agreed to be bound by these terms. If you do not consent to this Agreement, then you may not participate in the Program. Please contact us at [email@example.com] if you have questions about this.
The Program: The Start Date of the Program is your date of purchase.
This online, on demand webinar and accompanying resources will cover some of the common, yet often unpublicized, problems college students encounter. We will cover some conversations to consider having with your child. You will also learn some ways that you can prepare in advance to have resources available to you. The one module webinar will last approximately 45 minutes. You will also receive resource guides, newsletters, access to one Zoom Q&A session, and discounts on select products.
Investment: The Fee (the “Fee”) for the Program is [$297.00]
Payments: Payment for the Program is required in full at the time of purchase.
REFUND POLICY: No refunds will be given.
Cancellations; Default: From your Start Date forward, if you violate any of the terms of this Agreement, we may remove you from the Program, and you will also be liable for any costs, expenses, damages, and fees, all court costs, and reasonable attorney’s fees that we may incur as a result of your violation (this also includes collection agency costs if you breach your payment obligations).
Confidentiality: The Program content and materials are confidential, and you agree not to share the Program with third parties.
Intellectual Property: We retain all rights to our intellectual property, including but not limited to all Program materials including derivative works arising from or used in conjunction with the Program (“Our Intellectual Property”). Our Intellectual Property may not be copied, used, modified, or distributed for any purpose. There is no granted or implied license to sell or distribute Our Intellectual Property. You understand and agree that any of Our Intellectual Property you receive is for your own personal use. Any disclosure of Our Intellectual Property to any third party by you is strictly prohibited.
Personal Responsibility: You understand that you are 100% responsible for your own progress and results. We cannot make any guarantees as to the results, including financial or other gains, of the Program. You agree to take responsibility for your own results, and you understand that dissatisfaction with our independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
Trigger Warning: The on-demand webinar shares the top ten things we think moms should know about. Accompanying products share information and resources. Some of the topics may be unexpected or triggering depending on your personal experience and situation.
This Program Is Not Therapy or Medical Treatment; Coaching: You understand that the Program does not involve the diagnosis or treatment of mental disorders as defined by the American Psychological Association and that this Program is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice, and it is your exclusive responsibility to seek such independent professional guidance as needed. You understand that we are not acting as a coach, psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), or a physician, physician’s assistant, advanced practice nurse or any other medical professional (“Medical Provider”), or a registered dietician or licensed nutritionist, or member of the clergy. We are not providing health care, medical or nutrition therapy services, or attempting to diagnose, treat or cure any disease, condition, or other physical or mental ailment of the human body. Any advice given by us is not meant to take the place of advice by a licensed healthcare professional, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. If you feel unwell, or otherwise in need of professional counseling or therapy, it is your responsibility to seek licensed professional help. If we reasonably believe that your needs are for licensed professional help and/or medical treatment, we reserve the right to cancel or postpone the Program until you receive or appropriate medical treatment.. Do not disregard mental health or medical advice or delay seeking mental health or medical advice because of information you learn from the Program. Do not start or stop taking any medications without speaking to your Medical Provider or Mental Health Provider. The information contained in the Program has not been evaluated by the Food and Drug Administration. This Program is not considered “coaching” as defined by the International Coaching Federation.
Other Disclaimers: We do not warrant that access to our website, or any third-party service provider we use to deliver the Program will be uninterrupted or error free. We are not liable for any default due to acts out of our control, including but not limited to – an act of God, pandemic, epidemic, civil unrest, terrorism, war, strike, fire, flood, hurricane, or industrial action. You agree to indemnify us and our employees, contractors, agents, oﬃcers and other designees for any claim arising directly or indirectly from your acts and omissions related to your involvement with the Program and use of our website and related social media.
We give no warranties with respect to any aspect of the Program, or any materials related thereto or oﬀered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
LIMITATION OF LIABILITY: IN NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF THE FEE.
Dispute Resolution: The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through e-mail, telephone, or video communications (“Electronic Communications”). The Parties further agree that their respective good faith participation in any Electronic Communications in an attempt to resolve the dispute is a condition precedent to pursuing any other available legal or equitable remedy, with the exception of our right to enforce your payment obligations as set forth in this Agreement. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Miscellaneous: This Agreement will not be construed to create any association, partnership, joint venture, employee or agency relationship between you and us for any purpose. This Agreement shall be construed according to the laws of the State of Vermont and disputes arising from it will be handled exclusively in Chittenden County. In the event that any provision of this Agreement is deemed illegal or unenforceable, the remaining portions of the Agreement shall remain in full force. No waiver or forbearance by either Party of any rights under this Agreement precludes such party from exercising those rights in any other instance. The paragraphs titled Payment, Intellectual Property, Limitation of Liability, Disclaimers, Personal Responsibility, Confidentiality, Dispute Resolution, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement. Neither party may assign this Agreement to any other party. Any notifications may be sent to us via email at [firstname.lastname@example.org] with notice due upon receipt, notice may be sent to you at the billing address you provided when you paid for the Program, or alternatively at the email address you used to do the same. No invalidity, illegality, or unenforceability of any provision herein shall aﬀect any other term or provision of this Agreement. This agreement constitutes the entire understanding between the parties as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
By acknowledging that you understand and have read these terms, and alternatively, by your participation in the Program, you acknowledge that you have read and understand this Agreement, and agree to abide by the terms hereof.