Deana Welch, LLC

Terms of Agreement

 

By accessing or purchasing this product from the company, you are agreeing to be added to the company’s mailing list. You may unsubscribe at any time. 

Parties

This Agreement is between Deana Welch, LLC (the “Company”) and you, the individual, (the “Client”). It is intended to govern and control your purchase of My Power Morning, (the “Program”) from the Company.

 

Accepting these terms

You are entering into a legally binding agreement with the Company, a Michigan 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 card 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. A facsimile, electronic, or emailed executed copy of acceptance of this Agreement is legally binding with either a written or electronic signature and has the same result as an originally signed copy. 

 

Company’s Services

This Agreement is executed, when Client accepts these terms (electronically, verbally, written, and or otherwise). The Company agrees to provide services related to the Program.

 

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 education. The scope of services provided by Company according to this Agreement are 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.

 

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 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.

 

Program Rules

To the extent that Client interacts with Company staff and or other Company 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 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 Program Materials

By accepting this agreement, Client consents to recordings being made of the Program.
Company reserves the right to use, at its sole discretion, the following: Program materials, videos, audio recordings, and materials submitted by Client (in the context of the Program); 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 Deamaterials, 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.

 

Payment

Client agrees to pay Company according to the payment schedule

As outlined on Company’s website,
Via 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 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 Contract, 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 by a written instrument executed 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 participation in the Program. The Program provides My Power Morning™ course, a DIY course and admission to a private Facebook group 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 lessor of:

(a) The total Fees Client paid to Company in the one month prior to the action giving rise to the liability, or

(b)$150

 

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 use of Company’s services is at Client’s own risk.

 

Indemnification

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.

 

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

[If you provide any kind of self-help, or education product] Client accepts and agrees that he or she is 100% responsible for his or her progress and results from the Program. Client accepts and agrees that he or she is the one vital element to the Program’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 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

 

[Arbitration]The Parties agree to submit any dispute or controversy arising out of, or relating to this Agreement to arbitration in the State of Grand Rapids, MI,  according to the rules of the American Arbitration Association. 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 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.

 

 

 

 

FACEBOOK® GROUP RULES

 

 

 

This agreement is between you (the GROUP MEMBER) and Deana Welch, LLC (the COMPANY), a USA LLC. This Facebook® group, Energetic Programming (the “GROUP”) is provided as a courtesy and optional service from the COMPANY.

This agreement in no way circumvents or takes the place of the terms and conditions of use imposed by Facebook®. You are also bound by any terms of use provided by Facebook®.

Facebook® is a registered trademark of Facebook, Inc. a Delaware Corporation and COMPANY makes no claim or right on the intellectual property regarding the trademark Facebook®.

 

CONSENT TO GROUP RULES

When you join, or are added as part of a purchase by you of COMPANY’s products or services, you are providing your explicit consent to these GROUP rules.

 

If you do not agree to these terms, then please remove yourself from the group, or contact the GROUP admin and asked to be removed.

 

PROMOTIONS 

 

A “PROMOTION” is defined as:

Furthering the progress of something (especially a business, good, service), or trying to engage support or actively encourage others to opt-in or purchase a good or service.
Selling (for compensation) any good and or service
Advertising (providing a URL) for free or compensation any good or service.
Advertising or mentioning a webinar or live event
Asking for feedback regarding a good, service, webinar, Periscope® with the intention and focus of advertising and promoting your good or service.
Posting the URL to sites that you have ownership and or management of, when done with the intention of “promoting”
Posting any social media handles or links to gain attention, likes, engagement, when in the intention of promoting yourself and your business.
Posting audio or visuals with links to URLs that you have an ownership or personal interest in.
Posting links to your personal or business blogs to engage others.
Private messaging GROUP members with links and or information about your businesses that they did not request.
 

WHAT YOU CAN PROMOTE FREELY

Sharing URLs when you are providing value to someone else’s sites in response to a post.
When responding thoughtfully to another member’s post with a link to a URL that you have ownership and or management interest in.

 

AFFILIATE LINKS

 

You are not allowed to post or link to any pages that include an affiliate link at any time within this GROUP. Posting an affiliate link is cause for immediate termination of your participation in this GROUP.

 

PROPER GROUP BEHAVIOR

 

This GROUP is provided as a service to you to connect with other like-minded individuals and provide value to one another through positive and constructive feedback and engagement.

 

We all know what ‘being a jerk’ is but here are the guidelines for this GROUP. If you violate any of these at any time, that is cause for immediate removal from this GROUP:

No gossip about members in this GROUP or other groups,
No ridiculing or mocking other members in this GROUP or other groups,
No bad mouthing or disparaging other members in this GROUP, or other groups, or other businesses either online or offline,
No profanity,
No offensive language,
No being mean. This absolutely will not be tolerated and is cause for immediate removal from the group. You will not be permitted to rejoin.
Check in with yourself before you post or reply to anything in the group. If your intention isn’t one of providing or receiving love and support, don’t post it.

 

CONFIDENTIAL INFORMATION

Any information shared within this GROUP may not be shared outside this GROUP without permission from the original member that posted the information.

 

Ideas (intellectual property) are shared within this group, and you may not share ideas that are not yours.

 

You are free to share resources and or links to other helpful information that is already published and has a URL associated with it.

 

INTELLECTUAL PROPERTY

 

“Intellectual property is the oil of the twenty-first century.” Mark Getty, Getty Images.

 

Please exercise restraint when sharing your ideas, business plans, names, logos, taglines, course ideas, etc. within this group. The COMPANY assumes no responsibility or liability for any intellectual property that you share voluntarily within this group for feedback.

 

Your intellectual property is valuable and this GROUP is an environment for sharing information, but what you share regarding your valuable intellectual property is done at your own risk.

 

COMMENTING & FEEDBACK

 

This GROUP is a place to engage with other like-minded individuals and receive and give value to others.

 

Positive constructive feedback is valuable and encouraged.

 

POSTING DOCUMENTS WITHIN THE GROUP

 

You are free to create and add new documents to the group. The COMPANY assumes no responsibility or liability regarding documents posted within the GROUP and available to members.

 

If you use a document created by another member in the GROUP, you are using at your own risk. COMPANY assumes no responsibility or liability for the truth and or accuracy of anything created and located within a document that COMPANY did not create.

 

CAUSE FOR TERMINATION

 

COMPANY wants to provide a safe, positive, and engaging community but also understands that at times it is required to take action to remove those GROUP members that are not following these GROUP rules.

 

The following is a list of actions that are cause for immediate removal from this GROUP, including but not limited to:

Violation of any of the terms listed in this agreement,
Blatant or subtle promotion designed to push the limits of “promoting”
Sharing GROUP information outside of this group that doesn’t have a public URL associated with it,
[Add anything you’d like to further highlight]

 

COMPANY INFORMATION

You may contact the COMPANY by email:

 

[email protected]

 

Live Call Addendum

As part of the product and or service that you have purchased from the Company – you will receive and have access to

live and or recorded
audio and or visual
calls and or events
Company reserves the right to record any and all of its offered calls, webinars, web casts, and or any other method of hosting and recording an interaction with you and to reuse, redistribute, repurpose, or any other method that Company decides to use as part of its business.

 

When you access and or participate on a call, webinar, online video conferencing, web casts, or any other method known or not yet known with the Company as part of the product or service, you grant the Company a non-exclusive, limited use, worldwide license to your voice, likeness, and or words without compensation to you now or at any time in the future.

 

Company is providing these calls as part of the product or service that you purchased and the calls, webinars, online video conferencing, web casts or any other method known or not yet known are in the nature of energetic, personal and/or professional self-development.

 

 

 

 

SIGNATURES

Deana Welch

Signing on behalf of Deana Welch, LLC

 

Deana Welch

 

January 8, 2018

 

Customer’s name

 

Date Signed