TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses. You are legally bound to these Terms and Conditions of Use whether or not You have read them.
This Agreement is between the You (“Student”) and On-Camera Performance Coach Michelle Kennedy (“Company”) (collectively the “Parties”), for the purpose of Student purchasing and participating in the Company’s online course/courses (the “Course”). This Agreement shall become effective upon the date of Student completing the checkout process. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering (the “Course”). We reserve the right to update and change these Terms and Conditions of Use at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
COURSE USE AND CONSENT: When You purchase Our Offering, You are given a reasonable notice that these Terms and Conditions of Use exist. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agree and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
Scope of Online Course
As part of the Course program, Company shall provide the following to Student:
• Access to either Presenting On Camera or How to Set Up a Professional Production Space in Your Bedroom or Course Bundle through Kajabi.
After purchasing the Course, Student will be given access to the online course materials in Kajabi by Company within 24 Hours. Student will have lifetime access to the Course materials so long as the Course is available. In the event Company takes the Course offline, Company will notify Student within 30 days and Student will be able to consume the Course materials before it's taken down. Student shall only have one license to access the Course and use Course materials. Student understands and agrees that the Course materials may not be shared with any third party. In the event Company suspects that the Course is being shared or that Student has shared his/her log-in information with a third party, Company reserves the right to immediately terminate Student’s access to the Course in its sole discretion.
Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Student completing the Course program. Student agrees to take responsibility for Student’s own results.
Release & Reasonable Expectations
- Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Course program will produce different outcomes and results for each Student.
- Student agrees that every Student and final result is different.
- Student agrees that course content is intended for a mass audience and Company will use its best efforts to create favorable experiences to each Student, but that no 1-on-1 services are expected or guaranteed under this Agreement
- Student agrees that dissatisfaction with Company’s independent judgment or coaching/mentoring style within the Course and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.
- Student is strictly prohibited from using the Course and Course materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Course students and distributing such information to third parties or sending any mass commercial emails.
- Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Students and remitted by Company. All sales tax will be included on invoices through the Company’s online payment platform.
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in San Diego County, California. The Student assumes responsibility for both parties' collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Mediation and Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Diego County, California. The cost and expenses of the arbitrators shall be paid entirely by the Student. The Student shall also be responsible for all costs and expenses for both parties, in presenting the dispute for arbitration.
If You do not agree with any of Our Terms and Conditions of Use, please email Us at [email protected] and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).
This Agreement cannot be transferred or assigned to any third party by either the Company or Students without written consent of all Parties.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.