Heather Moran’s How to Create a Powerful Brand Terms and Conditions
By purchasing Heather Moran’s How to Create a Powerful Brand("Course"), you agree to the following terms and conditions as stipulated by Heather Moran, an Ohio LLC.
The parties agree as follows:
1. Heather Moran OBLIGATIONS.
Heather shall provide 10-weeks of public speaking coaching through the Course as described in Section 3 of this agreement.
2. Participant OBLIGATIONS.
You shall agree to:
a) be respectful of all participants and Heather.
b) not be disruptive during group calls, or trainings
c) keep intellectual property of the program confidential whether shared in the Facebook group, over Zoom video calls, or via email and must not share any information from other participants
d) participate and support other members
e) not provide coaching to other members of the Course related to branding in or out of the Facebook group for the duration of the program
Those who do not abide by these terms will be removed from the Course without refund.
3. ADDITIONAL TERMS.
All members will be added to a private Facebook group upon enrollment into the program by Monday April 15th, 2019 or the start of the Course. Heather shall provide 60-minute bi-weekly group Zoom trainings and will also provide weekly trainings as needed through Facebook live and be regularly present in the private Facebook group to provide feedback and support for enrollees. Additional time can be added at Heather’s discretion.
4. FORCE MAJEURE.
A party will not be in breach of or in default under this agreement on account of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: (a) notify the other party of the Force Majeure Event and its impact on performance under this agreement; and (b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
5. GOVERNING LAW.
(a) Choice of Law. The laws of the state of Ohio govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Franklin County, Ohio.
6. ASSIGNMENT AND DELEGATION.
(a) No Assignment. Neither party may assign any of its rights under this agreement.
(b) No Delegation. Neither party may delegate any performance under this agreement.
(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
7. REFUND POLICY.
Your purchase is nonrefundable and your enrollment into the program is a legal commitment to pay the Course fees.
8. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
This agreement will become effective when You have completed your initial or full payment toward the Course. The date your payment is processed will be deemed the date of this agreement.
11. CONFIDENTIALITY AND PRIVACY.
You agree to hold in strict confidence and not to disclose to others or use for any purpose, either before or after termination of the Agreement, any confidential or proprietary information of the Course, including, without limitation, any confidential or proprietary information that is transferred pursuant to this Agreement. Confidential and proprietary information includes, without limitation, any technical or business information, logins, product formulas or specifications, manufacturing techniques, process, experimental work, program, software, marketing or distribution plans, strategies, methodologies, or arrangements, or trade secrets relating to the products, systems, equipment, services, sales, research or business plans. Confidential information is not limited to a specific medium and can be oral, written or physical in format (“Confidential Information”).
12. INTELLECTUAL PROPERTY.
All original materials provided by Heather as part of the Course are owned by Heather, including, but not limited to oral, written, or video content provided through the duration of the Course. Participants are not authorized to repackage or distribute these materials and are meant for your personal use only. This Course and Heather's likeness is protected by copyright and may not be used in connection with any product or service that causes confusion among consumers or in any manner that disparages or discredits Heather.
13. LIKENESS AND BIOGRAPHICAL RELEASE.
You grant Heather the right to use your likeness ("likeness" defined as your image, photographs, videos, written material, and sound recordings) obtained in the Course for promotional and marketing purposes. You hereby grant Gina a perpetual, worldwide, irrevocable, royalty-free right and license to the unlimited use of your likeness or voice (alone or in connection with others and in connection with any media, now known or later created) in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands created by Heather. You hereby release Heather from all claims and demands that Heather may have now or at any time arising in the Course for the use of your likeness or recordings including claims for personal injury, invasion of privacy, defamation, libel, right of publicity, inflection of emotional distress, or payment.
14. REGISTRATION AND RESTRICTED ACCESS.
Access to the Course is restricted to Course members. Heather may remove you from the Facebook group for breach of these terms or at her sole discretion.
You consent to receive communications from Heather electronically through email and the private Facebook group. You agree that all legal notices provided via electronic means from Heather satisfy any requirement for written notice.
16. LIMITATION OF LIABILITY.
THE SERVICES ARE SOLD "AS IS." TO THE EXTENT ALLOWABLE BY LAW, THE MAXIMUM LIABILITY OF HEATHER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, TO YOU FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID UNDER THIS AGREEMENT. IN NO EVENT SHALL HEATHER BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED, EVEN IF GINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOT WITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify and hold Heather, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) incurred or suffered by or threatened against Heather in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Heather's appearance or association with you, unless such claim arises from Heather's acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Heather hereunder.
a) If any of the provisions of this agreement is or becomes illegal, unenforceable or invalid (in whole or in part for any reason), the remainder of this agreement shall remain in full force and effect without being impaired or invalidated in any way. Any rights or obligations contained herein that by their nature should survive termination of the agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations. Any failure of either party to enforce any provision of this agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party's right to subsequently enforce and compel strict compliance or assertion of a remedy. This agreement supersedes any prior agreement between teh parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information: