User Agreement for BOSS UP ACADEMY Program
READ CAREFULLY BEFORE ACCESSING OR USING BOSS UP MEDIA’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH THE BOSSUP ACADEMY COACHING PROGRAM.
BY ACCESSING OR USING THE PROGRAMS (as defined below) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF THE COMPANY’S PROPRIETARY MATERIALS INCLUDING BUT NOT LIMITED TO ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH THE COMPANY’S PROGRAM, AND CONTACT US IMMEDIATELY AT: [email protected]
This Agreement (“Agreement”) is a legal contract between Best Life Ever, LLC, located at PO Box 11762 Honolulu HI 96828 (“Best Life Ever LLC” or the “Company”), and you (“YOU”) (collectively the “Parties”).
WHEREAS, the Company is engaged in this business of marketing and client coaching services; and
WHEREAS, YOU desire to engage the Company to provide coaching services to YOU in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, the Company agrees to provide business coaching services to YOU in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is expressly conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the Boss Up Academy Program.
1.1.3. Termination: The Company may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay the Company its program fee, which is presently $444 per year (in a single annual payment and an annual payment of $444 per year thereafter) OR $44 per month, unless and until you cancel your subscription at BossUp.Academy or by emailing the Company of cancellation via email to: [email protected] The Company reserves the right to modify its program fees at any time in its sole and absolute discretion.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by the Company, YOU affirmatively agree and acknowledge that the Company may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. No Refunds: The Company abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by the Company. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that the Company provides Program(s) related to business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2. Limited Liability: In no event will the Company be liable to YOU or any third-party for any damages, including but not limited to lost profits, consequential, incidental or punitive damages, or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if the Company has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program. By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by the Company by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any documentation, video, audio, or any login member credentials to any third party, or use the documentation, video, audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any audio and/or visual presentations, documentation, and other elements of the Programs are the sole intellectual property of the Company under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and the Company, the Company and its third party licensors own and shall continue to own all right, title, and interest in and to the audio and/or visual presentations, documentation, and other elements of the Programs, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the audio and/or visual presentations, documentation, and other elements of the Programs, or any other intellectual property rights of the Company, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that the Company uses in connection with services rendered by the Company are marks owned by the Company. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. The Company may transfer its rights and obligations under this Agreement with prior notice to or consent from you.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold the Company, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any subscription to or use of the Program(s) of this Agreement by YOU.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and the Company concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with the Company relating to the Program, whether oral or written.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of California. The venue for any dispute shall be in the state or federal courts, as applicable, in the County of Los Angeles.
4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO PROGRAM FEES, AUTOMATIC ANNUAL BILLING BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.