TERMS OF PURCHASE AGREEMENT
By purchasing The Career Calling Course (“Course”) from Jess Smith Coaching (“Company”), you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement”):
Company agrees to provide its Course and Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Course.
Client understands that career coaching is a process of providing strategic advice that supports you in clarifying your intentions, designing goals/action plans and taking action within a supportive relationship. Coaching is not psychotherapy, nor should it be a substitute for counseling, legal, financial or medical services.
This Course is a self study program. Email and phone support is not included or applicable.
Company is committed to providing all clients in the Course with a positive Course experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Course without refund or forgiveness of pay-in-full or monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
Clients may pay for the Course in full or by monthly installments. Client grants Company the authority to charge the card(s) provided on the applicable start date for the agreed upon price of the Course at the time of purchase. If a payment is not received by the scheduled date, Company reserves the right to suspend Services until payment is complete.
Client is responsible for full payment of fees for the entire Course, regardless of whether Client completes the Course. To further clarify, no refunds will be issued, particularly on digital products where there is an immediate delivery.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take measures appropriate to protect the Confidential Information from disclosure.
Material given to Client in the course of Client’s work with the Company is proprietary and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own use. Any disclosure to a third party is strictly prohibited.
Company’s course and the original materials that have been provided to Client are for Client’s individual use only and are granted as 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 course content and/or course materials, shall remain the sole property of the Company. No license to copy, sell or distribute Company’s material is granted or implied.
Further, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
Client agrees to indemnify and hold harmless Company, its affiliates and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgements, including attorney’s fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgements arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No amendment of or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
In the event that any cause beyond the reasonable control of either Pary, 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, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurence.
Client accepts and agrees that Client is 100% responsible for their progress and results from the Course. Company will provide course material to Client; however, participation is the one vital element to the Course’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance or results. Company cannot guarantee or represent in any way that Client will attain a certain job, opportunity, salary or any other metric of success, either in the short-term or long-term.
Client understands that the results experienced by each client may significantly vary. Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Clients will reach its goals as a result of participation in the Course and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in the Course shall be provided to Client in accordance with the terms of this Agreement.