IMPORTANT NOTE: By using this Website and/or purchasing any of Jess Keating’s Programs, Products and/or Services, you are voluntarily agreeing to these Terms and Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below.
If you have any questions about any of these Terms and Conditions, please do not hesitate to contact us at [email protected] before using Jess Keating’s Website, or purchasing any of our Programs, Products and/or Services.
You must be eighteen (18) years old and have the legal ability to agree to these Terms and Conditions; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now, and do not use our website, blog, e-mails, social media, videos, programs, services, and/or products (collectively “Website, Programs, Products and Services”).
By accessing or using Jess Keating’s Website, Programs, Products, and Services in any manner for any reason, you implicitly agree to these Program Terms and Conditions (“T&C”) below.
PROGRAM TERMS AND CONDITIONS
Please READ Carefully. By purchasing you (“Client”) agree to the following terms stated herein.
Jess Keating (“Company”) agrees to provide the Money Awakening Program (including products and/or services)(“Program”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
2. DISCLAIMER Client understands any speaker, presenter or coach (“Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant/Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a doctor, nurse, or provide medical opinions or advice.
This Program is a self paced, pre-recorded program. Although there may be live calls, there will be no one on one or “hot seat” individual coaching provided.
3. COURSE FEE
In consideration of the Program to be provided by Company, Client agrees to pay Company a fee as follows:
Full payment of Two Thousand Four Hundred Ninety Five and 00/100 ($2,495.00) Dollars.
Six (6) equal monthly payments of Four Hundred Eighty and 00/100 Dollars
Twelve (12) equals monthly payments of Two Hundred Forty and 00/100 Dollars
Company reserves the right to discontinue Program access to Client, if accounts are not current or overdue invoices are not paid in full.
Form of Payment
All payments for fees must be made in the form of electronic payment (i.e. credit/debit card).
4. DELIVERY SCHEDULE
Services will begin once Company receives Initial Payment. Beyond the initial live launch of this Program, Client will receive access to the first module immediately upon enrollment.
Term of Service
Client will have access to the Program for the lifetime of the Program.
The Program will be delivered in the following formats:
5. REFUNDS AND TRANSFER OF REGISTRATIONS
Refunds/transfer requests may be request by emailing [email protected] within  of purchasing Services.
6. IMPLEMENTATION OF PROGRAM
The Program provided by Company under this Agreement is limited to recommending strategies for Client to consider. In all matters, Program is analytical and advisory only. Where appropriate, Company will recommend other actions to help Client achieve their objectives.
Implementation of this Program is recommended and paramount to Client’s success under this Agreement. In order to be successful working with Company, Client must give Client’s best efforts to implement information given by Company.
7. CONFIDENTIALITY Company respects Client’s privacy and insists that Client respects the Company’s and other Program Participants (herein referred to as “Participants”). Any Confidential Information shared by Company or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to Company. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum, calls, or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Client will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, the Company will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by purchasing this Program you agree that if you violate or display any likelihood of violating these terms and conditions the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
8. MEDIA RELEASE
Company may reasonably reproduce, publish, sell, and display Company’s Program for sale, marketing, promotional purposes, sample work and/or case studies.
Company has the irrevocable right to use Client’s name, likeness, image, voice, appearance and/or performance as captured by photographic, audio and/or video means (the “Product”) for release and/or reproduction in any medium for any legal purpose, including but not limited to education, training, illustration, promotion, art, editorial, advertising, and general trade. Client acknowledges that he/she has no interest or ownership in the Product or the copyright in the Product, and that any use of the Product may be made without compensation or notice to Client. Client waives any right to inspect, approve, and/or otherwise control the use of the Product.
Client acknowledges that his/her name, image, and identity may be revealed in the Product or by descriptive text or commentary. However, Company may not publish Client’s address, telephone numbers, or email address within the Product without Client’s written permission.
9. NO TRANSFER OF INTELLECTUAL PROPERTY Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10. CLIENT RESPONSIBILITY Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business and/or personal endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information are intended for a general audience and do not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
11. MEDICAL DISCLAIMER
Company does not practice medicine or psychotherapy and the Program is not a replacement for counselling, psychotherapy, psychiatric or medical treatment. Program provided by Company is not in any way intended to be a replacement or substitute for diagnosis or treatment of any complaint or ailment. Program is not intended to treat any disease or illness, psychological or mental health condition. If Client has an ailment or physical complaint they are advised to see their physician first for treatment. If Client has mental disabilities or mental illnesses they should seek psychiatric care. Client is solely responsible for their mental health and well being and should seek medical advice from a licensed professional if these are in question while participating in, or after participating in the Program. Company is not a medical professional.
Except in the case of gross negligence or malpractice by Company, Client agrees to fully release and hold harmless Company from and against any and all claims or liability of whatsoever, kind or nature, arising out of, or in connection with Program.
12. INDEPENDENT CONTRACTOR STATUS Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
13. FORCE MAJEURE In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, pandemic or epidemic, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
14. SEVERABILITY/WAIVER If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
15. LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. 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 Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
16. NON-DISPARAGEMENT The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives. Company may, at its sole discretion, terminate this Agreement, limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client violates this clause.
17. ASSIGNMENT Client may not assign this Agreement without the express written consent of the Company.
18. MODIFICATION Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
19. TERMINATION Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Company may use outside services, including but not limited to, a course delivery platform and/or Facebook and should there be any interruption or disruption in service by these outside providers that is out of Company’s control, Company is not liable for the disruption/suspension of these services and is not grounds for Client to receive a refund or forgiveness of monthly payments.
Company reserves the right to, at any time, suspend, terminate, or temporarily pause the Program and related services at its sole discretion. Company will make every effort to resume the Program within a reasonable time and Client will not be provided a refund or forgiveness of monthly payments.
20. INDEMNIFICATION Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, 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 program(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. Client 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.
In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.
21. RESOLUTION OF DISPUTES If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Canadian Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
22. EQUITABLE RELIEF In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
23. NOTICES Any notices to be given hereunder by either Party to the other must be sent via personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: [email protected] This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Canada.
If you do not understand or agree with any of these conditions, please do not purchase this Program.
If you require further clarification, please contact [email protected]