GOOD WITCH, LLC COURSE ENROLLMENT AGREEMENT
By purchasing this
product, entering your credit card information, or otherwise enrolling,
electronically, verbally, or otherwise, in the course, you (“Client”) are
entering into a legally binding agreement with GOOD WITCH LLC, a New Mexico
Corporation (“Company”) according to the following terms and conditions:
(1)
COMPANY’S
SERVICES:
Upon execution of this
Agreement, electronically, verbally or otherwise, Company agrees to render
services related to education, seminar, consulting, coaching, and/or
business-coaching (“the Program”). The terms of this Agreement shall be binding
for any further goods/services supplied by Company to Client. Parties agree
that the Program is in the nature of coaching and education. The scope of
services rendered by Company pursuant to this contract shall be solely limited
to those contained therein and provided for on Company’s website as part of the
Program. Company reserves the right to substitute services equal to or comparable
to the Program for Client should the need arise.
(2)
COMPENSATION: Client
agrees to compensate Company according to the payment schedules set forth on
the Company’s website and the payment plan selected by the Client (the “Fee”).
Company shall charge a 5% (five-percent) late penalty to all balances that are
not paid in a timely manner by Client. Upon execution of this Agreement, Client
shall be responsible for the full extent of the Fee, regardless of whether
Client completes the full extent of services offered by Company. In the event
that Client terminates services prior to the completion of the services, Client
shall be responsible for all payments. All payments shall be collectable and
non-refundable except as provided herein. Client’s payment is nonrefundable after
fourteen (14) days from the time of purchase.
(3)
CHARGEBACKS
AND PAYMENT SECURITY:
To the extent that Client provides Company with
Credit-Card information for payment on Client’s account, Company shall be
authorized to charge Client’s Credit-Card for any unpaid invoices. If client
uses a multiple-payment plan to make payments to Company, Company shall be
authorized to make all charges at the time they are due and not require
separate authorization in order to do so. Client is responsible for any fees
associated with recouping payment on chargebacks and any collection fees
associated therewith.
(4)
NO RESALE
OF SERVICES PERMITTED:
Client agrees not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes, any portion
of the Service (including course materials), use of the Service, or access to
the Service.
(5)
NO TRANSFER
OF INTELLECTUAL PROPERTY:
Company’s copyrighted and original materials
shall be provided to the Client for his/her individual use only and a single-user
license. Client shall not be authorized to share, copy, distribute, or
otherwise disseminate any materials received from Company electronically or
otherwise without the prior written consent of the Company. All intellectual
property, including Company’s copyrighted course materials, shall remain the
sole property of the Company. No license to sell or distribute Company’s
materials is granted or implied.
(6)
LIMITATION OF LIABILITY: By
using Company’s services, Client releases Company from any and all damages that
may result from anything and everything. The Course is only a service being
provided. By using Company’s services, you release Company from any and all
damages that may result from anything and everything. Client accepts any and
all risks, foreseeable or non-foreseeable, arising from such transactions.
● Regardless of the
previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees
Client paid to Company in the 12 months prior to the action giving rise to the
liability, and (b) $100. All claims against Company must be lodged with the
entity having jurisdiction within 100-day of the date of the first claim or
otherwise be forfeited forever.
● Client agrees that
Company will not be held liable for any damages of any kind resulting or
arising from including but not limited to; direct, indirect, incidental,
special, negligent, consequential, or exemplary damages happening from the use
or misuse of the Service. Client agrees that use of this service is at user’s
own risk.
(7)
DISCLAIMER
OF GUARANTEE:
Client accepts and agrees that she/he is 100% responsible for
her/his progress and results from the Course. Client accepts and agrees that
she/he is the one vital element to the Course’s success and that Company cannot
control Client. Company makes no representations or guarantees verbally or in
writing regarding performance of this Agreement other than those specifically
enumerated herein. Company and its affiliates disclaim the implied warranties
of titles, merchant ability, and fitness for a particular purpose. Company
makes no guarantee or warranty that the Course will meet Client’s requirements
or that all clients will achieve the same results.
(8)
NOT A
SUBSTITUTE FOR MEDICAL TREATMENT:
Company does not provide medical,
therapy, or psychotherapy services. Company is not responsible for any
decisions Client makes as a result of the coaching and any consequences
thereof.
(9)
TERMINATION: In
the event that Client is in arrears of payment or otherwise in default of this
Agreement, all payments due hereunder shall be immediately due and payable.
Company shall be allowed to immediately collect all sums from Client and
terminate providing further services to Client
(10)
INDEMNIFICATION: Client
shall defend, indemnify, and hold harmless Company, Company’s shareholders,
trustees, affiliates, and successors from and against any and all liabilities
and expense whatsoever – including without limitation, claims, damages, judgments,
awards, settlements, investigations, costs, attorneys fees, and disbursements –
which any of them may incur or become obligated to pay arising out of or
resulting from the offering for sale, the sale, and/or use of the product(s),
excluding, however, any such expenses and liabilities which may result from a
breach of this Agreement or sole negligence or willful misconduct by Company,
or any of its shareholders, trustees, affiliates or successors. Client shall
defend Company in any legal actions, regulatory actions, or the like arising
from or related to this Agreement. Company recognizes and agrees that all of
the Company’s shareholders, trustees, affiliates and successors shall not be
held personally responsible or liable for any actions or representations of the
Company.
(11)
CONTROLLING
AGREEMENT:
In the event of any conflict between the provisions
contained in this Contract and any marketing materials used by Company,
Company’s representatives, or employees, the provisions in this Agreement shall
be controlling.
(12)
CHOICE OF
LAW/VENUE:
This Agreement shall be governed by and construed in
accordance with the laws of the State of New Mexico without giving effect to
any principles or conflicts of law. The parties hereto agree to submit any
dispute or controversy arising out of or relating to this Agreement where the
amount in dispute is over $5,000 to arbitration in the state of New Mexico, Santa
Fe County pursuant to the rules of the American Arbitration Association, which
arbitration shall be binding upon the parties and their successors in interest.
The prevailing party is entitled to be reimbursed for all reasonable legal fees
from the non-prevailing party in order to enforce the provisions of this
Agreement.
(13)
ENTIRE
AGREEMENT:
This Agreement constitutes the entire agreement between the
parties pertaining to the subject matter hereof and supersedes all prior and
contemporaneous agreements, negotiations and understandings, oral or written.
This Agreement may be modified only by an instrument in writing duly executed
by both parties.
(14)
SURVIVABILITY:
The ownership, non-circumvention, proprietary rights, and confidentiality
provisions, and any provisions relating to payment of sums owed set forth in
this Agreement, and any other provisions that by their sense and context the
parties intend to have survive, shall survive the termination of this Agreement
for any reason.
(15)
SEVERABILITY: If
any of the provisions contained in this Agreement, or any part of them, is
hereafter construed to be invalid or unenforceable, the same shall not affect
the remainder of such provision or any other provision contained herein, which
shall be given full effect regardless of the invalid provision or part thereof.
(16)
SATISFACTION GUARANTEE: Client has FOURTEEN (14) Days from the date of the original purchase to request a refund for
How to Write and Sell Your Nonfiction
Book Proposal DIY Course. Any refund request after the FOURTEEN (14) DAY time limit will not be processed.
● Excessive returns will not be
accepted. Refunds will not be given to Client for one specific product more
than twice. There is an unlimited amount of orders that Client can place for
one specific product, but the money back guarantee is void after Client has
used it for one specific product more than twice.
(17)
OTHER
TERMS:
Upon execution of This Agreement by submitting payment, the
Parties agree that any individual, firm Coach, associates, corporations, joint
ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs,
assigns, designees or consultants of which the signee is an Coach, officer,
heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
Hours of Operation
● Good Witch, LLC corporate office is
open Monday – Friday 9a.m. – 5p.m. MST
● We close for all government observed
holidays
This policies
and procedures applies to all Good Witch LLC products sold on this site or any
other site owned by Good Witch LLC that includes a link to this page.
Customer Service:
If you have questions or comments regarding GOOD WITCH, LLC products,
please email us at info@jensincero.com
