Section 14. SERVICE/PRODUCT TERMS OF USE

INTRODUCTION

[Kerry Garner Venter and KGV Consultants LLC (“Company”) provide prospective individuals and business owners with coaching services, online courses and other educational materials. 

DISCLAIMERS

The Company is not an not a employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, hypnotherapist, state licensed mental healthcare provider, doctor, nurse practitioner, board certified physician,  psychiatrist, psychologist, therapist, hypnotherapist, state licensed mental healthcare provider, employee, manager, physical therapist, or other licensed health care provider.

Client understands that the Services/Products have been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new life and business skills and perspectives. Through the Product, the Company might provide guidance regarding business and/or life decisions, and use content and processes based on various methodologies and online assessments.

These Services/Products do not always include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.  

Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Service/Product. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal and/or business decisions that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Company from any liability regarding said decision.  

PAYMENT & FEES

All Services/Products are billed in USD.

Payments are billed through Thrivecart, PODIA, Gumroad, and/or Paypal using our secure checkout page.

REFUNDS

Please note: we have a NO REFUND POLICY. Mainly because we love people who take responsibility for their decision making process and actions. If you’re in, be fully in. It’s called Commitment. You’re a Hell Yes. Or you’re a Hell No. Nothing in between. Please make sure to only purchase once you’re clear and certain. By completing the Product check-out, you ("Customer" or “Client”) agree to the following terms and understands that you will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Through rendering initial payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety.

In the event that Client terminates services prior to the completion of the Services, Client shall remain and be responsible for the entire fee set forth herein.  

To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices.   

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 on chargebacks and any collection fees associated therewith.    

If an agreement is not signed by a client for whatever reason but services have commenced, these terms and conditions will apply and are legally binding.

In the event that Client’s monthly payment is not received on the date due, Client will have a five (5) day grace period to make the payment. There will be a two-percent (2%) late penalty to all balances that are not paid in a timely manner by Client. 

If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.  

If Client selects the monthly payment option, each payment is due on the same date each month, depending on the number of days in the month.

CLIENT’S RESPONSIBILITIES

The Services/Products have been developed for educational purposes only. The Company has established its proprietary Service/Product in order to educate and inspire Customer to pursue his/her personal and/or business goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply purchasing, completing the Program or using the Service/Product.

Nevertheless, Customer acknowledges that he/she can optimize their potential results from the Service/Product by adhering to the following: 

  • Completion of all Service/Product material, including assignments and worksheets; - if applicable

  • Thoughtful and meaningful participation in all sessions; - if applicable

  • Utilization of the Product’s private Facebook Group; - if applicable

  • Attending each coaching call at the scheduled date, on time; - if applicable

  • Taking 100% responsibility for Customer’s results, 100% of the time.

  • The time of the coaching sessions and/or location will be determined by Coach and Client based on a mutually agreed upon time and place. 

  • Client will initiate the scheduling of all calls, within the designated program timeframe and no later. 

  • Prior to each session, Client agrees to email Coach the agenda and any background information needed 24 hours prior to each session.

  • Attend all sessions promptly and with an intention to be centered, ready to engage and take meaningful actions.

    Cancellation of Scheduled Calls/Sessions Policy:

  • It is the Client’s responsibility to schedule call/sessions with Client 

  • It is the Client’s responsibility to notify Coach at least 24 hours in advance of the scheduled calls/sessions to reschedule or cancel. 

    • Coach will attempt in good faith to reschedule the missed call/session. 

    • Coach reserves the right to bill Client for a missed call/session. 

NON-DISCLOSURE & CONFIDENTIALITY

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Service/Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Service/Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

  • Any systems, assessments, sequences, processes or steps shared with Customer;

  • Any information disclosed in association with this Agreement;

  • Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.

INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property -  This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and  within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). 

Limited License -  Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her purchase of this Service/Product is for his/her/its individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

  • Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;

  • Copying any of Company’s Product content and/or material for Customer’s commercial use;

  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

INDEMNIFICATION / LIMITATION OF LIABILITY

Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Client hereby acknowledges that Company is not liable for any injuries that may arise from Coach’s actions, omissions, or decisions based off Client’s use of and /or participation in Services/Products including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of Services/Products. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all Services/Products rendered through and including the termination date. 

MISCELLANEOUS

  1. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

  2. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

  3. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

  4. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

  5. Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Connecticut.

  6. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

  7. Execution – Customer agrees to accept the above Services/Products in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the associated Services/Product checkout page and by rendering first payment.

Section 15. GENERAL TERMS OF USE

  1. Refund Policy - Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Services/Products we have a no refund policy. You acknowledge that we do not offer refunds for any portion of your payment for any of our Service/Product and no refunds will be provided to you at any time. 

  2. Limited License - You acknowledge that any and all Services/products that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use. 

Section 16. UPDATES

[RESERVED]

Section 17. CONTACT

You may contact us at any time with questions or concerns regarding our Terms of Use and Privacy Policy. To do so, please e-mail us at support[at]kerrygarnerventer.com