PARTIES
This writing outlines the intended legal relationship between Diane Belz Coaching (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of any products (“PROGRAMS”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, according to the following terms and conditions, when you do any of the following:
Click “I Agree.”
Email your statement of agreement.
Enter your credit/debit card or PayPal/Stripe information.
Sign this agreement on this page or reverse.
Enroll electronically in the PROGRAM.
Enroll verbally or otherwise in the PROGRAM.
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT.
COMPANY’S SERVICES
This AGREEMENT is executed and valid when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.
PARTIES agree that the PROGRAM is in the nature of supporting your online business.
The scope of services provided by COMPANY according to this AGREEMENT is limited to those listed on COMPANY’s website or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises without prior notice.
CONFIDENTIALITY
The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how the COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrollment in the PROGRAM.
NO TRANSFER OF INTELLECTUAL PROPERTY
COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.
CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks, and or copyrights for any purpose.
CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically or otherwise without the prior written consent of the COMPANY.
COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’s personal use.
ALL INTELLECTUAL PROPERTY, INCLUDING THE COMPANY’S COPYRIGHTED COURSE MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE THE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.
COACHING/PROGRAM RULES
To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
DISPARAGEMENT
In the event that a dispute arises between the PARTIES or a grievance by the CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications, public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
USE OF OUR COACHING/BUILD PROGRAM MATERIALs
By accepting this AGREEMENT, CLIENT consents to recordings being made during the PROGRAM, e.g., zoom coaching calls with Diane Belz and her team.
COMPANY reserves the right to use, at its sole discretion, the following: our Coaching PROGRAM materials (e.g., worksheets), videos and audio recordings of coaching calls, and materials submitted by CLIENT (in the context of the coaching PROGRAM and with permission from the client) for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
NO RESALE OF SERVICES PERMITTED
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of the PROGRAM, including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.
TERMINATION
If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due, and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT. If CLIENT terminates the project and there are outstanding monies owing for time spent by COMPANY on the project, COMPANY retains the rights to any content created during the unpaid time until the monies are paid, at which point the ownership of the content will be passed to the CLIENT for publication.
PAYMENT
CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:
As outlined on COMPANY’s website,
Provided through email,
According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”) or
As otherwise noted in this AGREEMENT.
REFUNDS
Upon execution of this AGREEMENT, CLIENT is responsible for the full Fee. If the CLIENT decides to cancel, not participate or changes his or her mind, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE CLIENT.
CHARGEBACKS & PAYMENT SECURITY
To the extent that CLIENT provides COMPANY with credit card(s) information for payment of Fee on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s) for any unpaid charges on the dates agreed to in the Payment Schedule.
CLIENT shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback.
CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.
CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. Modification to this AGREEMENT is in writing and signed by both PARTIES.
LIMITATION OF LIABILITY
By using COMPANY’s services and enrolling in the PROGRAM, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or her participation in the PROGRAM. The PROGRAM provides online business creation support and guidance]. CLIENT accepts any and all risks, foreseeable or non-foreseeable, arising from the PROGRAM.
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 total amount of money CLIENT paid to COMPANY in the one month prior to the action, giving rise to the liability.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days 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 COMPANY’s services or enrollment in the PROGRAM.
CLIENT agrees that the use of COMPANY’s services is at CLIENT’s own risk.
INDEMNIFICATION
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.
CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.
These include (without limitation) claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.
DISCLAIMER OF GUARANTEE
THE CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. THE CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT THE COMPANY CANNOT CONTROL CLIENT.
COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.
CHOICE OF LAW/VENUE
This AGREEMENT is governed and interpreted in accordance with the laws of the United States without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of or relating to this AGREEMENT to arbitration in the United States according to the rules of law. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of Fees 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.
SEVERABILITY
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable, only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.