The Program will be provided in a virtual environment. The Company tries to ensure that the availability and delivery of the Program is uninterrupted and error-free. However, the Company cannot guarantee that Participant's 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 Company will not be liable to Participant or any third party for any special damages (including, but not limited to, lost data, lost profits, incidental, consequential, or punitive damages), that arise from the use of, or inability to use, the Program, including materials, products or services provided by the Company. THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE ACTIVITIES 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. HART 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 WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Any links to third-party products, services, or sites are subject to separate terms and conditions. Although the Company may recommend third-party sites, products or services, it is Participant's responsibility to fully research such third parties before entering into any transaction or relationship with them. Company is not responsible for or liable for any content on or actions taken by such third-party company or website.
It is our intention for you to benefit from the Program and receive value from it. However, given the nature of the Program and the extensive time, effort, preparation, and care that goes into creating and providing the Program, Company has a no refund policy. Unless otherwise provided by law, Participant acknowledges that Company does not offer refunds for any portion of the payments for the Program and no refunds will be provided at any time. By executing this Agreement, Participant understands and agrees that all sales are final, and no refunds will be provided.
If Participant fails to make a payment or remains in default of any payment owed for greater than ten (10) days, the Company may take any combination of the following actions: (i) immediately suspend access to the Program and any other services provided under the Agreement; (ii) require a cash deposit or standby letter of credit; (iii) require the remaining balance owed under the Agreement be paid in full; (iv) stop taking new orders for additional services; and/or (v) terminate the Agreement for breach in which event the Participant will still be required to pay the balance owed to the Company.
You agree and understand that the charges on a credit card are irrevocable, undisputable and may not be charged back, contested or challenged now or in the future, doing so is a material breach of this agreement for which the Company would be entitled to attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.
Participant accepts and agrees that they are 100% responsible for their progress and results from the Program.
Although some of the leaders, facilitators, and partner coaches in the Program may be licensed legal, tax, financial, psychological, or other health care professionals, nothing in this Program is intended to be a substitute for professional legal, tax, financial, medical, psychiatric, psychological, or behavioral advice and/or treatment, and Participant may not rely on the Program to provide such advice or treatment.
Participant understands and agrees that they are expected to exhibit appropriate behavior at all times while participating in the Program, to obey all local, state and federal civil and criminal laws while attending activities in the Program, to follow any instructions or directions given by Company through its employees, representatives or agents and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, relative to Participant' s ability to safely participate in the Program. This includes, generally, respect for other people, equipment, facilities or property. Company may dismiss Participant, without refund, should Participant's behavior endanger the safety of or negatively affect the Program or any person, facility or property. If, in the Company's sole discretion, Participant's conduct in the Program violates this Agreement in any way, Participant agrees that the Company may immediately and permanently terminate Participant's participation in the Program without any refund.
Respecting the confidentiality of what is shared by others is critical to the success of the Program. Accordingly, all Participants must agree to confidentiality.
Participant agrees not to share any private or proprietary information learned from other participants, recorded calls, or private Facebook group postings. If the Company discovers Participant has done so, this will be grounds for immediate termination of access to the Program without refund.
Participant may learn non-public personal or business information from other participants and/or Company ("Confidential Information") during the Program.
Participant shall use Confidential Information solely for the purpose of participating in the Program ("Permitted Purpose").
Participant agrees to maintain any and all Confidential Information in strict confidence and to use such Confidential Information only for the Permitted Purpose and for no other purpose. Participant acknowledges that their nonuse obligation includes refraining from developing any product, or engaging in any business, derived from the disclosing party's Confidential Information. Participant also acknowledges that no part of the Confidential Information may be circulated, quoted, or reproduced for distribution, or used contrary to the terms of this Agreement, unless expressly permitted in writing by an authorized representative of the disclosing party.
The Parties acknowledge that (a) it will be impossible to measure damages that would be suffered if Participant fails to comply with the nondisclosure and nonuse provisions of this Agreement, and (b) in the event of any such failure, the disclosing party will be irreparably harmed and will not have an adequate remedy at law. The disclosing party shall be entitled, in addition to any other rights and remedies, to obtain specific performance of Participant's obligations hereunder and to obtain immediate injunctive relief without having to post a bond. Participant shall not urge, as a defense to any proceeding for such specific performance of injunctive relief, that the disclosing party has an adequate remedy at law. The prevailing Party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with any legal action arising out of this Agreement.
In addition to these and any other legal remedies, Participant agrees that if Company discovers any violation of these nondisclosure and nonuse provisions, this will be grounds for immediate termination of this Agreement without refund.
The nondisclosure provisions of this Agreement shall survive the termination or completion of this Agreement and Participant's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility to the disclosing party, or until it becomes publicly known.
Similarly, Company agrees to keep confidential all information disclosed by Participant and will not disclose any such information to any other party without written consent unless required by law. Notwithstanding the foregoing, Participant fully understands and acknowledges that Company provides strategic coaching and consulting services to numerous individuals in a variety of industries, many of whom may be considered competitors of Participant. Many strategies may appear the same or overlap in some ways. Participant agrees that their participation in the Program and any confidential information disclosed to Company shall in no way prevent or prohibit Company from working with any other client, even if a direct competitor, or otherwise being restricted from offering any advice or strategy to any other client, even if seen as competitive.
Participant grants the Company an unlimited, non-exclusive, perpetual right and license to use any and all photographs, videos, recordings, or other records of the Program that Participant may create or capture, in any media now known or unknown.
This Program includes materials protected by copyright, trademark, and other intellectual property laws. Such materials may include written text, in-person presentations, workbooks, videos, audio recordings, photos, designs, and graphics ("Company Materials"). The Company hereby grants Participant permission to use Company Materials for their own personal use only. Participant may not republish, reproduce, duplicate, copy, display, distribute to friends or family, or otherwise use any Company Materials for commercial purposes or in any way that is not expressly authorized herein. Participant agrees not to copy, share, sell, or distribute any Company Materials to anyone else.
To access certain features of the Program, Participant may need a username and password or be given a unique link to access program materials and sessions. Participant agrees to keep this information confidential and not share it with anyone else. If Company has reasonable grounds to suspect that Participant has shared their username and password with anyone else, or forwarded Program material to any other person, Company has the right to suspend or terminate Participant's access to the Program and refuse any and all current or future use of the website and online courses, in whole or part, without refund.