Course Agreement

Effective Date: The date of signed agreement

 

THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and

between Brooks Lane LLC DBA The Confidence Track, a limited liability company,

organized under the laws of the state of Colorado, hereinafter referred to as "Course

Provider and Coach," and you, further defined below, as a Client and participant in the Course, also defined below. All parts and sub-parts of this Agreement are specifically incorporated by reference here.

 

This Agreement shall govern the use of all pages and screens in and on the Course (all

collectively referred to as "Course") and any services provided by or on this Course

Provider through the Course ("Services") and/or on the Course Provider's website

("Website").

 

Article 1 - DEFINITIONS:

  1. A) The parties referred to in this Agreement shall be defined as follows:
  2. I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher

of the Course, is responsible for providing the Course publicly. Course Provider, us,

we, our, ours and other first-person pronouns will refer to the Course Provider, as

well as, if applicable, all employees and affiliates of the Course Provider.

  1. II) You, the user, the participant: You, as the participant in the course and user of

the Website, will be referred to throughout this Agreement with second-person

pronouns such as you, your, yours, or as user or participant.

III) Parties: Collectively, the parties to this Agreement (Course Provider and You)

will be referred to as Parties.

  1. B) The Course details are as follows:
  2. I) Course Name: Confidence Club
  3. II) Course Description:

A seven-module program that helps empower professional women to develop their own personal and effective style of leadership through developing self-mastery in clarity, confidence and achievement. The seven-module program includes an Energy Leadership Index Assessment and one-on-one debrief between Coach and Client, and online courses with downloadable workbook assignments.

III) Total Course Fees ("Fees"): $1,500 (USD)

  1. IV) Course Offering URL: https://theconfidencetrack.com/confidence-club/modules-1-2/mod1-2-action1/

 

Article 2 - ASSENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and

reviewed this Agreement and that you agree to be bound by it. If you do not agree to be

bound by this Agreement, please cease your participation in the Course immediately. If

you do so after purchase, you will be held to the Refund Policy within. Course Provider only agrees to provide the Course to you if you assent to this Agreement.

 

Article 3 - AGE RESTRICTION:

You must be at least 18 (eighteen) years of age to use this Website, participate in the

Course or access any Services contained herein. By participating in the Course, you

represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any

misrepresentation of your age.

 

Article 4 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing of the Course

through the Website. Such information may include, but is not limited to, documentation,

data, or information developed by us and other materials which may assist in your

participation in the Course ("Materials"). Subject to this Agreement, we grant you a nonexclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The

Materials may not be used for any other purpose, and this license terminates upon your

completion of the Course, your cessation of use of the Course or the Website, or at the

termination of this Agreement.

 

Article 5 - COURSE TERMS:

The Course does not have a structured start date, which means you may begin it at any

time. The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

 

We do not offer any promises or guarantees with regard to our Course or Course

Materials. You hereby acknowledge and agree:

  1. A) You are solely and exclusively responsible for the choices that you make with

regard to this Course, the Materials contained within it, or any significant changes to

your business or life;

  1. B) You are solely and exclusively responsible for your own mental health, physical

health, business decisions, and any other actions or inaction you choose to take;

  1. C) We are not liable for any result or non-result or any consequences which may

come about due to your participation in the Course;

  1. D) This Course does not constitute a therapeutic relationship or a medical one. We

do not provide therapy or medical services and you are responsible for procuring

these services at your own will and discretion if needed.

 

Article 6 - INTELLECTUAL PROPERTY:

You agree that the Materials, the Course, the Website, and any other Services provided

by the Course Provider are the property of the Course Provider, including all copyrights,

trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You

agree that the Company owns all right, title and interest in and to the Company IP and

that you will not use the Company IP for any unlawful or infringing purpose. You agree

not to reproduce or distribute the Company IP in any way, including electronically or via

registration of any new trademarks, trade names, service marks or Uniform Resource

Locators (URLs), without express written permission from the Company.

 

Article 7 - YOUR OBLIGATIONS:

As a participant in the Course, you will be asked to register with us. When you do so,

you will choose a user identifier, which may be your email address or another term, as

well as a password. You may also provide personal information, including, but not

limited to, your name. You are responsible for ensuring the accuracy of this information.

This identifying information will enable you to participate in the Course. You must not

share such identifying information with any third party, and if you discover that your

identifying information has been compromised, you agree to notify us immediately in

writing. Email notification will suffice. You are responsible for maintaining the safety and

security of your identifying information as well as keeping us apprised of any changes to

your identifying information.

 

The billing information you provide us, including credit card, billing address and other

payment information, is subject to the same confidentiality and accuracy requirements

as the rest of your identifying information. Providing false or inaccurate information, or

using the Course or the Website to further fraud or unlawful activity is grounds for

immediate termination of this Agreement.

 

OBLIGATIONS: As a participant in the Course, you will be asked to undertake and

complete the following obligations:

Complete the Energy Leadership Index (ELI) Assessment.

Schedule and attend ELI Assessment debrief with Coach.

Complete the online course and associated materials.

 

Article 8 - PAYMENT & FEES:

As noted above, the total Fees for the Course are as follows: $1,500 (USD).

The entirety of the Fees are due and payable upon your registration in the Course. No

payment plans or installment plans are available.

 

Article 9 - ACCEPTABLE USE:

You agree not to use the Course or the Website for any unlawful purpose or any

purpose prohibited under this clause. You agree not to use the Course or the Website in

any way that could damage the Course, Website, Services, or general business of the

Course Provider.

  1. a) You further agree not to use the Course or the Website:
  2. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  3. II) To violate any intellectual property rights of the Course Provider or any third

party;

III) To upload or otherwise disseminate any computer viruses or other software that

may damage the property of another;

  1. IV) To perpetrate any fraud;
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination

towards any group;

VIII) To unlawfully gather information about others.

 

Article 10 - NO LIABILITY:

The Course and Website are provided for informational purposes only. You

acknowledge and agree that any information posted in the Course, in the Materials, or

on the Website is not intended to be legal advice, medical advice, or financial advice,

and no fiduciary relationship has been created between you and us. You further agree

that your participation in the Course is at own risk. We do not assume responsibility or

liability for any advice or other information given in the Course, in the Materials, or on the Website.

 

Article 11 - REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or

software from or on the Course or Website;

  1. b) Violate the security of the Course or Website through any unauthorized access,

circumvention of encryption or other security tools, data mining or interference to

any host, user or network.

 

Article 12 - DATA LOSS:

We do not assume or accept responsibility for the security of your account or content.

You agree that your participation in the Course or use of the Website is at your own risk.

 

Article 13 - INDEMNIFICATION:

You agree to defend and indemnify the Course Provider and any of our affiliates (if

applicable) and hold us harmless against any and all legal claims and demands,

including reasonable attorney's fees, which may arise from or relate to your participation

in the Course, your use or misuse of the Website, your breach of this Agreement, or

your conduct or actions. You agree that we shall be able to select our own legal counsel

and may participate in our own defense, if we wish.

 

Article 14 - SPAM POLICY:

You are strictly prohibited from using Course for illegal spam activities, including

gathering email addresses and personal information from others or sending any mass

commercial emails.

 

Article 15 - MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement.

You agree that we have the right to modify this Agreement or revise anything contained

herein. You further agree that all modifications to this Agreement are in full force and

effect immediately upon posting on the Website and that modifications or variations will

replace any prior version of this Agreement, unless prior versions are specifically

referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any

court of law, you agree that the prior, effective version of this Agreement shall be

considered enforceable and valid to the fullest extent.

 

Article 16 - ENTIRE AGREEMENT:

This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous

agreements or understandings, written or oral.

 

Article 17 - SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course to perform maintenance or

emergency services on a scheduled or unscheduled basis. You agree that your access

to the Course and/or Website may be affected by unanticipated or unscheduled

downtime, for any reason, but that we shall have no liability for any damage or loss

caused as a result of such downtime.

 

Article 18 - TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without

cause. We specifically reserve the right to terminate this Agreement if you violate any of

the terms outlined herein, including, but not limited to, violating the intellectual property

rights of us or a third party, failing to comply with applicable laws or other legal

obligations, and/or publishing or distributing illegal material. You may also terminate this

Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their

nature shall remain in full force and effect.

 

Please be advised that terminating this Agreement does not entitle you to a refund on

any monies spent with us.

 

Article 19 - NO WARRANTIES:

You agree that your participation in the Course and your use of the Website is at your

sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind,

including, but not limited to the implied warranty of fitness for a particular purpose and

the implied warranty of merchantability. We make no warranties that the Course or

Website will meet your needs or that the Course or Website will be uninterrupted, errorfree, or secure. We also make no warranties as to the reliability or accuracy of any

information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.

 

Article 20 - LIMITATION ON LIABILITY:

We are not liable for any damages that may occur to you as a result of your participation

in the Course or your use of the Website, to the fullest extent permitted by law, as noted

above. The maximum liability of Course Provider arising from or relating to this

Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you

paid to us in the last six (6) months. This section applies to any and all claims by you,

including, but not limited to, lost profits or revenues, consequential or punitive damages,

negligence, strict liability, fraud, or torts of any kind.

 

Article 21 - GENERAL PROVISIONS:

  1. A) LANGUAGE: All communications made or notices given pursuant to this

Agreement shall be in the English language.

  1. B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the

Course and your use of the Website, you agree that the laws of Colorado shall

govern any matter or dispute relating to or arising out of this Agreement, as well as

any dispute of any kind that may arise between you and us, with the exception of its

conflict of law provisions. In case any litigation specifically permitted under this

Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the

state and federal courts of the following country: United States, Colorado. The

Parties agree that this choice of law, venue, and jurisdiction provision is not

permissive, but rather mandatory in nature. You hereby waive the right to any

objection of venue, including assertion of the doctrine of forum non conveniens or

similar doctrine.

  1. C) ARBITRATION: In case of a dispute between the Parties relating to or arising out

of this Agreement, the Parties shall first attempt to resolve the dispute personally

and in good faith. If these personal resolution attempts fail, the Parties shall then

submit the dispute to binding arbitration. The arbitration shall be conducted in the

following country: United States. The arbitration shall be conducted by a single

arbitrator, and such arbitrator shall have no authority to add Parties, vary the

provisions of this Agreement, award punitive damages, or certify a class. The

arbitrator shall be bound by applicable and governing Federal law as well as the law

of the following state: Colorado. Each Party shall pay their own costs and fees.

Claims necessitating arbitration under this section include, but are not limited to:

contract claims, tort claims, claims based on Federal and state law, and claims

based on local laws, ordinances, statutes or regulations. Intellectual property claims

by us will not be subject to arbitration and may, as an exception to this sub-part, be

litigated. The Parties, in agreement with this sub-part of this Agreement, waive any

rights they may have to a jury trial in regard to arbitral claims.

  1. D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be

assigned, sold, leased or otherwise transferred in whole or part by you. Should this

Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise

transferred by Course Provider, the rights and liabilities of Course Provider will bind

and inure to any assignees, administrators, successors, and executors.

  1. E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or

unenforceable by a court of law or competent arbitrator, the remaining parts and

sub-parts will be enforced to the maximum extent possible. In such condition, the

remainder of this Agreement shall continue in full force.

  1. F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement,

this shall not constitute a waiver of any future enforcement of that provision or of any

other provision. Waiver of any part or sub-part of this Agreement will not constitute a

waiver of any other part or sub-part.

  1. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under

this Agreement are for convenience and organization, only. Headings shall not

affect the meaning of any provisions of this Agreement.

  1. H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership,

or joint venture has been created between the Parties as a result of this Agreement.

No Party has any authority to bind the other to third parties.

  1. I) FORCE MAJEURE: We are not liable for any failure to perform due to causes

beyond our reasonable control including, but not limited to, acts of God, acts of civil

authorities, acts of military authorities, riots, embargoes, acts of nature and natural

disasters, and other acts which may be due to unforeseen circumstances.

  1. J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications

are permitted to both Parties under this Agreement, including e-mail or fax. For any

questions or concerns, please email us at the following address:

lisa@theconfidencetrack.com.

DONE