Terms of Service, Disclaimers and Conditions
This agreement (the “Agreement”) is effective as of the date mentioned below (the “Effective Date”), by and between Christine Parma, managing member of C-NIC, LLC, DBA, Monetize Your Brilliance, LLC, an Oregon Limited Liability Corporation, with a principal place of business at PO Box 4017, Portland, OR 97075 (hereinafter known as the “Company”) and You, (hereinafter known as “Client”). WHEREAS, Company is the creator, founder, and owner of ChristineParma.com, and which provides online and face-to-face coaching, mentoring, consulting services, training programs, digital products and courses in the field of personal transformation, spirituality and entrepreneurship. In addition, the Company provides recommendations to other products, programs and/or products that it feels may benefit its audience and clients. These are collectively and hereinafter known as the “Program”.
WHEREAS, Client desires to participate in the Program, this Agreement automatically becomes a binding contract between you and the Company and applies to your participation in the Program immediately upon receipt of payment from you.
NOW, THEREFORE, the parties agree as follows:
Client agrees to:
Comply with the payment option they signed up for, and authorizes the Company to charge that amount to the above-mentioned credit card(s) on file. Client further agrees to be bound by this non-cancelable commitment, and further agrees to abide by the Program as described in the Agreement.
By completing a purchase from Company or accessing one or more of the Company’s resources (including the website), Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein.
Christine@ChristineParma.com, Team@ChristineParma.com, Support@ChristineParma.com
on a regular basis, to ensure you are updated as to any changes. Client’s failure to object to said changes within five (5) calendar days of receipt of notice of those changes, will amount to an understanding, acceptance, and the decision to be bound by those changes.
Authorization of Payment and Refund Policy
By engaging the services of or purchasing programs or products from the Company, you authorize the Company to charge your credit card or cash your check as payment for your membership in the Program. This is not an installment contract. Furthermore, you agree that you are responsible for full payment of fees for the entire course of the Program running for the entire duration of the Program (the “Commitment Period”), regardless of whether you actually attend or complete the Program, and regardless of whether you have selected a paid-in-full or periodic payment plan. By signing below you agree that, if, for any reason, you choose to remove or cancel yourself out of the Program prior to the end date of the Commitment Period, you are obligated to pay or continue paying any outstanding balance(s) for the entire length of the Program. To further clarify, all sales are final; no refunds will be issued and all scheduled payments must be paid on a timely basis whether you complete the Program or not, unless otherwise specifically stated in the Program’s conditions. By purchasing Company’s Program, you agree with these terms and agree not to initiate a charge-back procedure on any credit cards on account for any reason. Should a dispute over payment arise, you agree that resolution shall first be attempted between yourself and the Company.
COMPANY’S VALUES AND OBLIGATIONS TO CLIENT
The Company and its team hold themselves to the highest standards of integrity and professionalism. This means that the Company fully intends at all times to provide complete delivery of Program content and responsibilities with excellence. In the very unexpected event that Company fails to fulfill its obligations to Client within the originally scheduled time frame (for example, in the case of unforseen illness), the Company will work with Client to fulfill its obligations within 30 calendar days, assuming the Client has completed its payments to Company. If this time frame cannot be met, Company will extend to Client a pro-rata refund in the amount of Program that Company was obligated to provide to Client but could not. However, if Client has been late on payments for a Program (in cases where a payment plan has been offered by Company), has missed a payment deadline, or has defaulted on a payment, Client is in no circumstance entitled to a refund of any kind, as the Client is not considered to be in good standing with Company.
Termination OF CLIENT BY COMPANY for Unprofessionalism
By engaging the services or purchasing Programs from the Company, you agree that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or remove any participant from continuing in the Program at any time without a refund if the participant ceases to follow the Program guidelines, becomes disruptive or difficult to work with or if participant impairs the participation of Program instructors or participants in the Program.
With regard to live Programs we offer, the Company requires all Clients to be respectful and professional to our staff, location hosts, speakers, and other attendees and their guests or families throughout the Program, even during non-scheduled downtime and breaks. Company reserves the right to ask Client and/or their guests to leave the live location immediately should they be deemed rude, uncooperative, unprofessional, intoxicated or in possession of alcohol or any illegal substance. In such case, the Client’s tuition/fees for the Program or live will not be reimbursed under any circumstances and they will not receive any future products, services or correspondence from Company. Client will also not receive any of our advertised bonuses or qualify for our satisfaction guarantee or any other written or implied guarantee.
You agree that if you miss any scheduled one-on-one coaching calls, individual or group training calls, or sessions, you forfeit that call or session and may not reschedule a “make-up” free of charge, nor will any refund be given to Client by Company. Client also understands that any/all scheduled coaching or training calls, Programs, live events, retreat days or other benefits expire at the end of the Program Commitment Period and will not be carried-over. It is important to note that your benefits MUST be used during the Commitment Period.
By engaging the services of or purchasing programs or products from the Company, you agree not to violate the publicity or privacy rights of any Program participants. We respect your confidential and proprietary information, ideas, plans and trade secrets and must insist that you respect the same rights of fellow Program participants and of the Company.
You also agree (1) not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any information shared by Program participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the participant who disclosed or the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By signing below you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you except as specifically authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited. Any unauthorized use or distribution of these proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Company will pursue legal action and full damages if these terms are violated in order to protect its rights.
Further, you agree that if you violate or display any likelihood of violating any of your agreements contained in this paragraph 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.
We have made every effort to accurately represent the Program and its potential benefits. Results can and do vary; therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business, desire and motivation. By purchasing Program from Company, Client acknowledges that you have represented to the Company that payment of your Program fees will not place a significant financial burden on you or your family and that you have available discretionary funds to cover Program fees in full.
We don’t believe in “get rich” programs – only in consistent effort, adding value, building a real and professional career, and serving others with excellence and constancy. Our Programs are intended to help you share your message with a wider audience and to make a difference in the world while growing your personal brand. Our Programs take a lot of work and discipline, just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our Programs if you believe in the “money for nothing / get rich quick” myth or ideology. We only want serious people dedicated to real professional development who want to add value and move humanity forward.
As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, strategies, products or Program content. We don’t know you and, besides, your results in life are up to you. Agreed? We help by sharing great content, direction, and strategies.
You should know that all programs, products and services by our company are for educational and informational purposes only. The information contained in or made available by the Company, Christine Parma or any third-party through the Program or their websites or services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, financial, medical, psychological, or legal fields.
The Company does not offer any professional, personal, medical, financial or legal advice and none of the information contained in the Program should be confused as such advice. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
Neither the Company, Christine Parma, nor their assigns, sponsors, speakers, partners, contractors or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages to the Client or the Client’s business, including economic loss, that may result from participation in the Program or from the use of, or the inability to use, the materials, information, or strategies communicated through the Program or any products or services provided pursuant to the Program, even if advised of the possibility of such damages.
Under no circumstances, including but not limited to negligence, will Company or Christine Parma be liable for any special or consequential damages that result from Client’s participation in the Program. To be clear: You, the Client, alone are responsible and accountable for your decisions, actions and results in life, and by your participation in our Program, you agree not to attempt to hold us, the Company or Christine Parma liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this Program at any time, under any circumstance.
While we take every possible measure to ensure Client safety at live, in-person Programs, we cannot control everything. For this reason, Client is legally responsible for their safety and behavior and agrees to, and is held legally liable to, the following statements:
“I, the willing Client, hereby accept all risk to my health and of my injury or death that may result from participating in the Program and I hereby release the Company and their officers, employees, interns, contractors, sponsors and representatives from any and all liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation at the Program, whether caused by negligence of the Company, its governing board, officers, employees, or representatives, or otherwise. I further agree to indemnify and hold harmless the Company, Christine Parma and any third-party company from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while attending and participating in the Program. Under no circumstances will the Company or Christine Parma or their assigns be held liability for my injury or death or any loss or damage of my personal belongings resulting from my participation in the Program. Should I require emergency medical treatment as a result of accident or illness arising during my attendance and participation in the Program, I consent to such treatment. I acknowledge and I agree to be financially responsible for any medical or legal bills that may be incurred as a result of emergency medical treatment.
I will notify the Company verbally and in writing if I am at any time injured prior to, during, or after the Program in my travels or attendance, or if I have medical conditions about which emergency medical personnel should be informed; however, I understand that the Company is not legally obligated to act on that information in any way or to providing any medical service whatsoever to me. I agree that if I have any medical or psychological conditions that may hamper me from fully and healthfully participating in the Program that I will notify the Company and that Company retains the right to ask that I not participate in portions of or the entirety of the Program.”
Audio/Visual Rules and Release
Clients may not, under any circumstance, use any type of recording device to capture the information provided at the Program. No recording devices, photography or videography is allowed in the Program room during any live, in-person portion of the program. By participating in the Program, Client understands that portions of the Program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. Client agrees that the Company and its assigns have the right and permission to use such recordings and photographs should they include Client’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Client. Client understands and agrees that all recordings from the Company’s events are the exclusive rights of the Company and Client does not ask for or expect compensation for the use of recordings or photographs in which Client appears or speaks. Company owns all rights of any audio, video, and/or photograph captured during the Company’s Program or at any of the Company’s other events.
Neither party shall assign this Agreement without the written consent of the other.
This Agreement and performance hereunder shall be governed by the laws of the State of Oregon. Sole venue and jurisdiction for any proceedings under this Agreement shall be in the state and federal courts located in Washington County, Oregon.
Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, registered, or certified mail, return receipt requested at the address first set forth above. Facsimile or electronic signatures shall be deemed equivalent to original signatures for purposes of this Agreement.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Entire Agreement and Amendment
This Agreement and program description constitute the entire agreement and understanding between the parties and supersede any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.
Team [at] christineparma [dot] com