TERMS OF AGREEMENT:
PRIVATE CLIENT COACHING, TRAINING & TEMPLATES
Please read these terms and conditions carefully before using Our Service.
PARTIES
This writing (the “AGREEMENT”) outlines the intended legal relationship between PropelGrowth, LLC (the “COMPANY”, “COMPANY’S”) and you (the “BUYER”, “you”, “your”) and is intended to govern and control your purchase of services (the “SERVICE”, “SERVICES”) and templates (the “TEMPLATE”, “TEMPLATES”) which together are referred to as the package (the “PACKAGE”) including but not limited to appointments and work in the nature of:
- individual: COMPANY and you,
- group: COMPANY, you, and other buyers of the same or similar offer,
- synchronous: COMPANY and you are working with each other synchronized,
- asynchronous: COMPANY and you are working with each other unsynchronized,
- coaching or consulting
The COMPANY and the BUYER are the intended parties (the “PARTIES” referring to COMPANY and BUYER, “PARTY” referring to either COMPANY or BUYER) to this AGREEMENT.
ACCEPTING THESE TERMS
As the BUYER, you are entering into a legally binding agreement with the COMPANY, a Colorado Limited Liability Company according to the following terms and conditions, when you do any of the following:
- complete purchase of any of the COMPANY’S offers
- purchase a service on COMPANY'S scheduling service
- sign an ORDER FORM referencing this AGREEMENT.
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT.
COMPANY’S SERVICES
This AGREEMENT is executed and effective, when BUYER accepts the terms of this AGREEMENT. The COMPANY agrees to provide the work related to the SERVICE.
- Details are decided and determined by the PARTIES and listed in the ORDER FORM referencing this AGREEMENT or in an APPOINTMENT scheduled by the BUYER at the time of purchase of the SERVICE,
- Access to TEMPLATES included as part of the PACKAGE, and
- Permission to use TEMPLATES,
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER.
If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the BUYER about the change or modification.
COMPANY USE OF AI
The COMPANY may use any and all ARTIFICIAL INTELLIGENCE (“AI”) as it deems reasonable and or reasonably necessary in carrying out the functions of its business. By, including but not limited to, participating, downloading, viewing, commenting, and any other reasonably available means of interacting with the company you consent to COMPANY’S use of AI.
APPOINTMENT CANCELLATIONS
BUYER agrees to COMPANY’S appointment cancellation policy as follows:
- BUYER may cancel scheduled SERVICE appointments at any time prior to 24 hours advance of the scheduled appointment,
- BUYER may reschedule a scheduled appointment up to 4 weeks from the date of cancellation.
- All cancellations are handled through the scheduling provider provided by the COMPANY to the BUYER,
- the COMPANY does not cancel and or reschedule for the BUYER,
- the COMPANY may cancel at any time any scheduled SERVICE appointments,
- the COMPANY notifies BUYER of any cancellations via the scheduling provider provided by the COMPANY,
- any cancellations initiated by the COMPANY may be rescheduled within four (4) weeks from the date of cancellation,
- COMPANY may charge a reasonable rescheduling fee of $150USD for BUYER’S abusive cancellation practices.
- If BUYER does not cancel prior to 24 hours advance and does not attend a session, that session is forfeited.
CONFIDENTIALITY
All content discussed during the SERVICE will remain confidential between the parties. Both the COMPANY and the BUYER agree not to disclose any information shared between PARTIES to any third parties, except as required by law or as authorized in writing by both parties.
The COMPANY may, at its sole discretion, use third party technology to, including but not limited to: record, edit, transcribe, distribute partially or in its entirety content discussed during the SERVICE. Any content that is affected or impacted by this technology is done with the intent to enhance your experience and not to expose confidential information discussed.
GROUP CONFIDENTIALITY
In the case of a group SERVICE that BUYER has voluntarily selected to be a part of by purchasing and accepting this AGREEMENT, there is no expectation of privacy due to the nature of a group, but each participant is bound by the terms of this AGREEMENT with regards to confidentiality.
INTELLECTUAL PROPERTY
COMPANY’S copyrighted and original materials are provided to the BUYER for your INDIVIDUAL USE ONLY and under a limited single-user license.
BUYER is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
INTELLECTUAL PROPERTY WITHIN CONTEXT OF TEMPLATES
COMPANY’S copyrighted and original materials are provided to you for INDIVIDUAL USE ONLY and under a limited single-user license.
SINGLE-USER LICENSE is defined as giving permission to you to use and alter the TEMPLATE in creating and or doing work that is within the intended purpose of the TEMPLATE.
You are not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose outside the scope of the TEMPLATE’S intended purpose. You are not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. ONLY A LICENSE TO USE COMPANY’S MATERIALS IS GRANTED.
INTELLECTUAL PROPERTY WITHIN A WORK-FOR-HIRE CONTEXT
In the event that the AGREEMENT includes any work-for-hire SERVICE as documented in the ORDER FORM, the PARTIES agree that the SERVICE provided is a work-for-hire arrangement.
As such, the BUYER owns any and all intellectual property resulting from the SERVICE provided by COMPANY to BUYER. Under no circumstances will the COMPANY attempt to legally register any intellectual property developed specifically for the BUYER and created as a work for hire result of this AGREEMENT.
PROFESSIONAL EXPECTATIONS
To the extent that BUYER interacts with COMPANY staff and or other COMPANY clients, BUYER agrees to behave professionally, courteously, and respectfully with staff and clients at all times.
BUYER agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT.
In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.
PAYMENT
Full payment must be made before the SERVICE. Pricing and duration of appointments may vary and is chosen by BUYER at the time of purchase. BUYER is responsible for ensuring payment is made using the accepted payment methods provided by the COMPANY. Failure to provide payment may result in the appointment being canceled or rescheduled.
Recurring services, if included in the ORDER FORM, are payable monthly based on the Start Date listed in the ORDER FORM. Failure to provide payment may result in appointment cancellation but does not remove BUYER’S obligation to meet the conditions of the TERMINATION FOR CONVENIENCE POLICY defined in the ORDER FORM.
BUYER agrees to pay COMPANY for the SERVICE according to the option chosen at time of purchase (the “FEE”).
FEE CHANGES
Upon reasonable notice (no less than forty-five (45) calendar days, the COMPANY may raise or lower the FEE that the BUYER is responsible for. The COMPANY will provide the means for the BUYER to cancel the SERVICE, if the BUYER does not agree to the change in FEE.
REFUNDS
All payments are non-refundable.
Once payment is made, BUYER waives the right to request a refund. In the case of cancellations and or reschedules, BUYER may reschedule without any penalty payment. Refunds will not be provided for any reason, including dissatisfaction with the consultation or any results obtained from the consultation.
CHARGEBACKS & PAYMENT SECURITY
When you provide the COMPANY with credit card details to cover the FEE, COMPANY is permitted to charge the card for unpaid amounts according to the payment terms in this AGREEMENT.
You must not initiate chargebacks or modify your card details without the COMPANY'S prior written approval. Any fees incurred in retrieving payment and chargeback collection fees are your responsibility.
TERMINATION
If BUYER is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and BUYER is barred from using any of COMPANY’S services.
COMPANY is allowed to immediately collect the full FEE from BUYER and stop providing further services to BUYER.
CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’S representatives, or employees, the AGREEMENT controls.
ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both PARTIES.
LIMITATION OF LIABILITY
By purchasing the SERVICE, you release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from your participation in the SERVICE.
You accept any and all risks, foreseeable or unforeseeable arising from this AGREEMENT.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’S liability to you or to any third party is limited to the lessor of:
(a) The total FEE you paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) Thirty percent (30%) of FEE paid on the purchase triggering the claim.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever.
You agree that the COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the SERVICE.
You agree that use of the SERVICE is at your own risk.
FORCE MAJEURE
In the event, either PARTY is unable to perform its obligations under the terms of this AGREEMENT due to acts of god, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such PARTY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
DISCLAIMER OF GUARANTEE
YOU ACCEPT AND AGREE THAT YOU ARE RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED.
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet your requirements or that all buyers will achieve the same results.
CHOICE OF LAW
This AGREEMENT is governed and interpreted in accordance with the laws of the state of Colorado without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration according to the rules of the AGREEMENT’S jurisdiction’s arbitration association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing PARTY may collect all reasonable legal fees from the non-prevailing PARTY in order to enforce the provisions of this AGREEMENT.
SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.
SEVERABILITY
If any portion of this AGREEMENT is interpreted as invalid or unenforceable only that portion is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact us:
- By email: cedelen (at) propelgrowth (dot) com
