This Agreement (“Agreement”) is made effective as of today, Sep 27, 2021 by and between Abbey Cappa  (the “Company”) and Purchasing Student (hereafter “Client”) (collectively the “Parties”), for the purpose of Client purchasing and participating in the Company’s online course (the “Course”). 1. Scope of Online Course  As part of the Course program, Company shall provide the following to Client:
* Access to Online Course in Kajabi
* Private Facebook group 2. Course Terms After purchasing the Course, Client will be given access to the online course materials in Kajabi by Company within 24 hours.  Client will have access to the Course portal so long as the Course is available.  In the event Company takes the Course offline, Company will notify Client within 30 days and Client will be able to rewatch video trainings, record notes, and download the downloadable Course materials onto his/her own media storage. Client shall only have one license to access the Course and use Course materials.  Client understands and agrees that the Course materials may not be shared with any third party either privately or via any Facebook group or message thread. Client also agrees to not reproduce trainings of any kind relaying this information or regurgitating the content. In the event Company suspects that the Course is being shared/reproduced or that Client has shared his/her log-in information with another party, Company reserves the right to immediately terminate Client’s access to the Course in its sole discretion or sue due to violation of intellectual property. 3. Fees In consideration for access to the Course provided by Company, Client agrees to compensate Company the agreed upon payment. Client agrees to either pay the amount listed on the website in full or to complete all payments listed within the payment plan option.  Any missed or canceled payments will be pursued by the company. Client will not be given access to the Course until either the full fee is paid or the first installment payment is complete. Any additional services, calls, coaching,
Feedback/Consulting and time beyond the scope of the Course, will be billed by Company at $647 per hour.     4 Refund Policy Company provides a 14-day money-back guarantee for the Course program.  If Client does not request the refund within 14 days, no refund will be given.  Client must submit proof of work performed and his/her best efforts to achieve results pursuant to a refund requirement document provided by Company.  Client must include all coursework with his/her request for a refund.  Company, in its sole discretion, will determine if Client is entitled to a refund.  Upon determining that a refund will be given, Company will notify its payment processor to issue the refund.  Company does not control its payment processor and the refund will be processed according to that company’s terms and conditions.  Any refund given will immediately terminate Client’s access to the Course. 5. Personal Information By participating in the Course, Client will be asked to register with the Course hosting platform to receive access to Course materials.  Client shall select a username and password and may be asked to provide further personal information.  Client agrees to allow Company access to this personal information for all lawful purposes.  Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information. The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above.  Providing false or inaccurate information, or using the Course for fraud or unlawful activity, is grounds for immediate termination from the Course. 6. Client Contributions Through Client’s participation in the Course, Client may post materials, comments, reviews, or replies to comments (“Client Contributions”) on Course pages, materials, or the Facebook group.  Client grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Client Contributions. 7. Bonuses Company may offer bonuses to Clients throughout the Course program.  Client is entitled to any bonuses offered at the time of enrollment.  Bonuses are not guaranteed to be available for the entire lifespan of the Course and vary depending on live and automated promotions throughout the year.  Company reserves the right to change or alter bonuses and promotions in its sole discretion. 8. Copyright All Course materials, documents, Facebook/Instagram posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Company’s Course and accompanying content is owned by Abbey Cappa and is not to be used for purposes beyond client implementation. Client is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course content and resources. Client shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course.  Violators of this federal law will be subject to its civil and criminal penalties. 10.
11. Communication Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm EST, excluding holidays. Company WILL ONLY answer communication through email or private Facebook group. Company WILL NOT answer customer serviced related direct messages on social media from Client.  Company will respond to Client within 72 hours during normal business hours. 1. Service Location Both Parties agree and understand that the Course platform and Facebook Group under this Agreement shall be performed virtually.  12. Confidentiality Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company. 13. Non-Disparagement Company and the Client agree that, at all times during this Agreement, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The parties further agree to do nothing that would damage the others business reputation or good will; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction. 14. DISCLAIMER The Course and additional services provided by Company according to this Agreement are for informational purposes only.  Client acknowledges and agrees that any information posted in the Course, Course materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, or other professional advice, and no fiduciary relationship has been created between Company and Client.  Client agrees that his/her participation in the Course is at his/her own risk.  Company does not assume or accept responsibility for the security of Client’s account or content.  Client agrees that his/her participation in the creation of an online account is at his/her own risk.  In the event a breach of security has occurred, Company will notify Client pursuant to all laws and regulations. 15. Guarantees Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Client completing the Course program. Client agrees to take responsibility for Client’s own results. 16. Release & Reasonable Expectations Client 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 Client. Client understands and agrees that: * Every client and final result is different.
* Course content is intended for a mass audience and that Company will use its best efforts to create favorable experiences to each Client depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement.
* Dissatisfaction with Company’s independent judgment or coaching style in the Course are not valid reasons for termination of this Agreement or request of any monies returned. 17. Warranty Disclaimer Client agrees that his/her participation in the Course and use of the Course program is at his/her sole and exclusive risk, and that any services provided by Company are on an “as is” basis.  Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability.  Company makes no warranties that the Course will meet your needs or that the Course will be uninterrupted, error-free, or secure.  18. Client Signature
 By checking the box on this order form and upon completion of purchase, Client has read, understands, and agrees to the terms and conditions of this Agreement.