PLEASE READ CAREFULLY. By purchasing participation in this program you expressly (herein referred to as “Member”) agree to the follow terms stated herein.
PROGRAM/SERVICE
Sharon Pope agrees to provide Member with individual access to one of the group membership programs called either The Decision: Stay or Go or Divorce Differently (herein referred to as “Program”). Member agrees to abide by all policies and procedures as outlined in this agreement as a condition of their use of the Program.
Sharon Pope operated under Sharon Pope, LLC (herein referred to as “Company”).
DISCLAIMER
Member understands Sharon Pope (herein referred to as “Coach”), is not an employee of Member, or acting as Member’s agent, therapist, psychotherapist, lawyer, or accountant. This program is for educational purposes only. Member acknowledges and understands that Coaching is not therapy. Member acknowledges that Coach does not, and will not provide any psychological, legal, accounting advice or counseling. Member further acknowledges that Coach has made no such representation in any interaction that would lead Member to believe that Coach has undertaken to do so. Member expressly agrees to hold Coach harmless against any allegations or claims that Coach has done so. Member is responsible for monitoring their own well-being during use of the Program and Coach is not responsible for decisions made by Member as a result of the coaching or the Program and any consequences thereof. Member understands that a coaching relationship does not exist between the parties simply by making use of this product. Member understands and acknowledges that Sharon Pope is only obligated to provide access to the product/program described below.
PRODUCT/PROGRAM DESCRIPTION
- The Decision: Stay or Go™ and Divorce Differently™ programs are group coaching membership programs.
- This program includes either regular video teachings and at least three live calls each month (topics such as Q&A, Coaching Call, Girl Talk Call and bonus teachings).
- This program is delivered monthly until the Member decides to cancel their membership. The delivery of the program components may allow for holidays or necessary scheduling adjustments.
- Member will have access to the program materials as long as they are a member and their membership fee is current.
PAYMENT METHOD
Payment can be made by any of the payment options advertised on our web site.
FEES
The investment will be as outlined in the marketing copy as well as in the upon purchase in US dollars. Company is not responsible for foreign currency conversion fees charged by the Member’s banks and credit card companies.
The monthly membership access fee will be billed on the same day each month as the first billing date (or the first calendar day thereafter).
The six month membership initial access fee will be billed on the prospect call and the monthly access fee will begin 180 days after the initial six month trial period. The reoccurring monthly access fee will be billed on the same day each month as the first billing date (or the first calendar day thereafter).
The annual membership access fee will be billed on the same day each year as the first billing date (or the first calendar day thereafter).
Member shall contact Coach (by emailing community@SharonPope.com ) with any changes to the credit card information provided to Coach prior to their next billing cycle. If the Member’s recurring payment fails for any reason, the Member’s access to the program will be suspended immediately until Member’s payment is brought current.
Member is liable for the cost of the program, regardless of whether they use the product or not. We reserve the right to institute alternative collections actions including, but not limited to: credit/debt collection service(s) or arbitration. Coach reserves the right to permanently bar Member from Program if account remains delinquent for more than 3 days.
Member shall not make any charge backs to Company’s account. Member is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith.
REFUNDS
If user contacts Coach (by emailing community@SharonPope.com ) within one (1) calendar day of monthly or annual payment is processed requesting a refund, Member will be refunded the last payment received.
- Member’s bank may take up to 14 days to process the refund and is outside of the Company’s control.
- Additionally, company is not responsible for refunding foreign currency conversion fees charged by the Member’s banks and credit card companies.
No refunds will be given if the refund request is outside of one (1) calendar day from the date of payment.
If the Member is removed from the Program for Member’s disregard of policies, Member is not eligible for a refund for any current or past fees. Member’s access to Program’s site and materials will be cancelled immediately and no further payments will be processed by Company.
CANCELLATION AND ENROLLMENT POLICIES
If Member cancels Program, Company and Coach reserve the right to not allow Member to re-purchase or re-enroll in the Programs for up to one full calendar year.
Additionally, Company holds the right to not to accept payment and enroll any Member at their discretion.
Upon cancellation of agreement, Member loses access to any discounted pricing received. Should Member decide to re-join either of the Programs at a later date (post cancellation), Member may do so at the current Program pricing.
NON-DISCLOSURE OF COACHING MATERIALS
Material provided to Member as part of this program is proprietary, copyrighted and developed specifically for Coach. Member agrees that such proprietary material is solely for Member’s own personal use. Any disclosure to a third party is strictly prohibited and in violation of copyright law.
NO TRANSFER OF INTELLECTUAL PROPERTY
Coach’s program is copyrighted and the original materials that have been provided to Member are for Member’s individual use only and a single-user license. Member is not authorized to use any of Coach’s intellectual property for Member’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, as well as any recordings of coaching calls shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. Further, by agreeing to these terms in purchase, Member agrees that if Member violates, or displays any likelihood of violating, any of Member’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations—entirely at Member’s expense.
ACCESS TO MEMBERSHIP SITE
Member agrees that their access to the membership site where the program materials reside is for their sole use. Member explicitly agrees to not share access to said membership site or give their user name and/or password to anyone for any purpose.
MEMBER RESPONSIBILITY
Member accepts and agrees that Member is 100% responsible for their progress and results from the use of the herein described Program. Coach makes no representations, warranties or guarantees verbally or in writing regarding Member’s performance. Member understands that because of the nature of the program and extent, the results experienced by each Member may significantly vary.
NON-SOLICITATION OF PERSONNEL
Each of the parties hereto covenants and agrees that it shall not, during the term of this agreement and for a period of twelve (12) months after termination, directly or indirectly, employ, engage, contract with or in any other way utilize or solicit or make any offers for the services of any of the other party’s employees, contractors or other personnel. Violation of this section is grounds for termination of Member’s participation in the Program without refund.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, 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 occurrence.
LIABILITY
Member acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Program through its web sites and providers. While we endeavor to have the Programs’ website(s) available 24 hours a day, Company will not be liable if for any reason this website is unavailable at any time for any period. Access to the Programs’ website(s) may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
If the site outage lasts longer than 7 days, the Company’s liability (and that of our officers, directors, employees and agents) for any one event or series of related events is limited to no more than the total fees paid in the month of the event (if a complaint is received).
SEVERABILITY/WAIVER If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force.
MISCELLANEOUS
1) LIMITATION OF LIABILITY. Member agrees they use Coach’s product at their own risk and that Program is only an educational service being provided. Member releases Coach, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Member accepts any and all risks, foreseeable or unforeseeable. Member agrees that Coach 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 Coach’s Program.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, or disparaging to each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
3) TERMINATION. Coach is committed to providing all Members in the Program with a positive Program experience. By purchasing, Member agrees that the Coach may, at her sole discretion, terminate this Agreement, and limit, suspend, or terminate Member’s use of the Program without refund. In the event Coach terminates this Agreement due to a breach by the Member, Member will immediately be removed from accessing the Materials.
5) INDEMNIFICATION. Member shall defend, indemnify, and hold harmless Coach, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach, or any affiliates or successors. Member shall defend Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Member recognizes and agrees that all of the Coach’s affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Coach.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will settled via mediation. By agreeing to these terms and conditions, Member expressly and unequivocally waives their right to a jury trial. All claims against Coach must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The mediation shall occur within ninety (90) days from the date of the initial mediation demand. The parties shall cooperate to ensure that the mediation process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the mediation process. Any agreement made during the mediation process (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Member, Member is responsible for any and all mediation and attorney fees. Any mediation will be conducted according to the law of the State of Florida. Member agrees that the venue for any such mediation will be the State of Florida. Member agrees that the maximum relief would be the total of their investment in the Program.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: mrspope@sharonpope.com This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date of purchase by Member.
9) THIRD-PARTIES. Links and references to third-party websites within the Program(s) are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all these third-party websites and do not control and are not responsible for these websites or their content, availability or offerings. If Member decides to access any of these third-party sites referenced or linked from the Program(s), Member does so entirely at their own risk.
10) COMPUTER SECURITY. Member is responsible for maintaining the basic security of its computer system. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company or Program website(s).
11) OFFENSIVE MATERIALS. In the community forum of the Program, Member is prohibited from posting or distributing offensive materials of any kind, including obscene, pornographic, indecent, hateful, vulgar, abusive, racist or judgmental materials or comments. Company will immediately remove offensive comments, but does not assume any liability for offensive materials posted by other Members. Additionally, Members are prohibited from posting or distributing commercial materials of any kind, offering any form of goods or services.
12) DATA SECURITY. The Company recognizes that any data (such as emails, credit card and personal information) provided by the Member to Company is private and extremely important. Company shall, therefore, do what is reasonable to safeguard your data. Nevertheless, the Company assumes no liability for any form of breach and Member assumes all responsibility for protecting his/her data.
13) Upon execution by clicking “I accept” or acknowledging electronically that this advisement has been agreed to, the Parties agree that any individual, associate, and/or assign shall be bound by all terms and conditions in THIS AGREEMENT. A facsimile, electronic, or executed copy or acceptance of this agreement, with a written or electronic signature, or checking the “box” on any order form shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Coaching is intended to be used in conjunction with, not as a replacement for, advice from qualified medical, legal, accounting, psychological, or other professionals. Coach does not and will not undertake to diagnose or treat any mental health issue. Use common sense and always defer to the advice of your physician. Your individual results will depend on your level of commitment, follow through, and other variables, therefore we cannot reasonably guarantee any particular result. Your use or consumption of information provided on or through this site, whether free or paid, is express and implied acceptance and acknowledgement of this advisement and our Terms of Use Policy. This website contains intellectual property owned by Sharon Pope, including copyrights, proprietary information and other intellectual property. You may not share, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content provided herein, in whole or in part, without prior written consent. For our privacy policy, please go to: https://www.sharonpope.com/privacy-policy/
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