Effective date: March 1, 2024
terms & conditions agreement
1. INTRODUCTION
Thank you for purchasing one of our products, courses or programs. (“PROGRAM”) created by Phoebe Kuhn & The Content Emporium (MENTOR).
All sales are final for this PROGRAM. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the PROGRAM for which these terms appear, you (“CLIENT”) are executing a legally binding agreement with the Kuhn Communications LLP (the “COMPANY”), subject to the following terms and conditions (“AGREEMENT”):
Thank you for purchasing one of our products, courses or programs. (“PROGRAM”) created by Phoebe Kuhn & The Content Emporium (MENTOR).
All sales are final for this PROGRAM. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the PROGRAM for which these terms appear, you (“CLIENT”) are executing a legally binding agreement with the Kuhn Communications LLP (the “COMPANY”), subject to the following terms and conditions (“AGREEMENT”):
2. TERM & TERMINATION
A. TERM. CLIENT shall receive “lifetime access” to the PROGRAM. “LIFETIME ACCESS” is defined as access to the items inside the PROGRAM for the length of time that the PROGRAM materials exist on a COMPANY course portal. If COMPANY intends to close the PROGRAM and remove any materials, COMPANY will notify CLIENT.
B. TERMINATION. CLIENT dissatisfaction with COMPANY and/or the MENTOR’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM at checkout and executing these Terms and Conditions.
A. TERM. CLIENT shall receive “lifetime access” to the PROGRAM. “LIFETIME ACCESS” is defined as access to the items inside the PROGRAM for the length of time that the PROGRAM materials exist on a COMPANY course portal. If COMPANY intends to close the PROGRAM and remove any materials, COMPANY will notify CLIENT.
B. TERMINATION. CLIENT dissatisfaction with COMPANY and/or the MENTOR’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM at checkout and executing these Terms and Conditions.
3. DISCLAIMERS AND DEFINITION
A. MENTORING DISCLAIMERS.
A. MENTORING DISCLAIMERS.
- NO DECISION-MAKING AUTHORITY: The PROGRAM contains educational lessons, resources, other insights, provided by MENTOR and (from time to time) COMPANY’s support mentors (“MENTORING SERVICES”) to help the CLIENT reach their business goals. The MENTOR and supporting COMPANY mentors (“SUPPORT MENTORS”), if any, may offer their opinion, but all final decisions are the CLIENT’S responsibility.
- NO AGENCY RELATIONSHIP: COMPANY is not an employee, manager, lawyer, copywriter, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of the CLIENT’s business. MENTOR does not provide business management, therapy, publicity, legal, or financial advice, or make introductions to professional networks.
- NO ONE-ON-ONE SUPPORT: Note, this PROGRAM does not include one-on-one or private mentoring. Similarly, this PROGRAM does not include individualized feedback directly from the MENTOR in the included peer community (via third-party Facebook).
B. SUBJECTIVE SERVICES.
MENTORING SERVICES are inherently subjective. MENTOR and/or COMPANY may use their discretion and judgment to provide any or all parts of MENTORING SERVICES, and may change methods at its sole discretion, without prior written consent, so long as the methods are in furtherance of the goal of the PROGRAM.
MENTORING SERVICES are inherently subjective. MENTOR and/or COMPANY may use their discretion and judgment to provide any or all parts of MENTORING SERVICES, and may change methods at its sole discretion, without prior written consent, so long as the methods are in furtherance of the goal of the PROGRAM.
C. NO GUARANTEES.
Neither COMPANY nor MENTOR make any guarantees whatsoever about any type of results, outcome, or success that CLIENT may experience as a result of the PROGRAM. MENTOR’s PROGRAM has been developed for educational purposes only. CLIENT hereby acknowledges that MENTOR does not guarantee CLIENT’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the PROGRAM.
Neither COMPANY nor MENTOR make any guarantees whatsoever about any type of results, outcome, or success that CLIENT may experience as a result of the PROGRAM. MENTOR’s PROGRAM has been developed for educational purposes only. CLIENT hereby acknowledges that MENTOR does not guarantee CLIENT’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the PROGRAM.
D. INDEMNIFICATION & ASSUMPTION OF RISK.
CLIENT acknowledges that they are solely responsible for any decisions they make as a result of participating in the PROGRAM. CLIENT will indemnify MENTOR from any liability regarding said decision.
By using the MENTORING SERVICES and executing this Agreement, CLIENT accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. CLIENT agrees that COMPANY shall not be held liable for any damages of any kind resulting or arising from the use or misuse of the PROGRAM. CLIENT agrees that use of this PROGRAM is at their own risk.
CLIENT acknowledges that they are solely responsible for any decisions they make as a result of participating in the PROGRAM. CLIENT will indemnify MENTOR from any liability regarding said decision.
By using the MENTORING SERVICES and executing this Agreement, CLIENT accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. CLIENT agrees that COMPANY shall not be held liable for any damages of any kind resulting or arising from the use or misuse of the PROGRAM. CLIENT agrees that use of this PROGRAM is at their own risk.
4. PROGRAM SPECIFICS AND COACH RESPONSIBILITIES
A. PROGRAM INCLUSIONS.
The PROGRAM includes modules, which include pre-recorded videos, presentation slides, workbooks, and/or other resources.
B. ACCESS.
This PROGRAM may be distributed by COMPANY either directly or through a third-party platform. COMPANY reserves the right to substitute services equal to or comparable to the value of PROGRAM if reasonably required by the prevailing circumstances as determined by COMPANY. Access to this Product is currently through a third-party platform, ThriveCart Learn, LLC. (“ThriveCart”). COMPANY is not liable for any limitation of access to the PROGRAM caused by ThriveCart.
C. BONUSES.
From time to time, COMPANY may offer certain bonuses to prospective clients to incentivize them to join or pay-in-full for the PROGRAM. The bonuses shall be limited to those described on the sales page at the time of purchase; there is no guarantee to access for future bonuses or discounts.
A. PROGRAM INCLUSIONS.
The PROGRAM includes modules, which include pre-recorded videos, presentation slides, workbooks, and/or other resources.
B. ACCESS.
This PROGRAM may be distributed by COMPANY either directly or through a third-party platform. COMPANY reserves the right to substitute services equal to or comparable to the value of PROGRAM if reasonably required by the prevailing circumstances as determined by COMPANY. Access to this Product is currently through a third-party platform, ThriveCart Learn, LLC. (“ThriveCart”). COMPANY is not liable for any limitation of access to the PROGRAM caused by ThriveCart.
C. BONUSES.
From time to time, COMPANY may offer certain bonuses to prospective clients to incentivize them to join or pay-in-full for the PROGRAM. The bonuses shall be limited to those described on the sales page at the time of purchase; there is no guarantee to access for future bonuses or discounts.
5. PAYMENT & FEES
A. GENERAL.
Upon execution of this Agreement, CLIENT agrees to pay to the COMPANY the full FEE (defined below), regardless of what payment option CLIENT selects at checkout. The COMPANY offers payment plans in addition to a pay-in-full option.
B. PAYMENT PLANS.
If CLIENT opts for a payment plan, CLIENT will be responsible for paying the remaining invoices unless CLIENT obtains a refund through our Refund Policy outlined in Section 6 above. CLIENT authorizes COMPANY to automatically charge the credit card or account used at checkout to complete all payments pursuant to the payment plan CLIENT selected at checkout, and CLIENT does not require separate authorization for each payment.
C. DEFAULT & LATE FEES.
If any payments fail, CLIENT agrees to remedy the situation immediately (ie. update CLIENT’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days or else CLIENT forfeits their right to access the PROGRAM. In the event that a payment is not made, COMPANY will temporarily suspend access until the payment(s) and late fee(s) are caught up.
COMPANY understands that, from time to time, there are issues with payment. All payments must be received by COMPANY within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within ten (10) days of their due date will result in CLIENT’S breach of this Agreement and may result in termination with no refunds and with all future payments due and owing under the Agreement.
COMPANY reserves the right to collect any and all monies owed by CLIENT to COMPANY, by any means necessary within the parameters of the law. CLIENT shall pay for any fees associated with recouping payment, including but not limited to, collections fees, late fees, interest, administrative fees, and/or attorneys’ fees, as well as costs and disbursements related to same.
D. CHARGEBACKS.
CLIENT shall not threaten or make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. In the event of a chargeback, COMPANY reserves the right to report the incident to credit reporting agencies as a delinquent account.
E. FEES.
COMPANY is not responsible for any foreign transaction fees or for currency exchange rates.
A. GENERAL.
Upon execution of this Agreement, CLIENT agrees to pay to the COMPANY the full FEE (defined below), regardless of what payment option CLIENT selects at checkout. The COMPANY offers payment plans in addition to a pay-in-full option.
B. PAYMENT PLANS.
If CLIENT opts for a payment plan, CLIENT will be responsible for paying the remaining invoices unless CLIENT obtains a refund through our Refund Policy outlined in Section 6 above. CLIENT authorizes COMPANY to automatically charge the credit card or account used at checkout to complete all payments pursuant to the payment plan CLIENT selected at checkout, and CLIENT does not require separate authorization for each payment.
C. DEFAULT & LATE FEES.
If any payments fail, CLIENT agrees to remedy the situation immediately (ie. update CLIENT’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days or else CLIENT forfeits their right to access the PROGRAM. In the event that a payment is not made, COMPANY will temporarily suspend access until the payment(s) and late fee(s) are caught up.
COMPANY understands that, from time to time, there are issues with payment. All payments must be received by COMPANY within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within ten (10) days of their due date will result in CLIENT’S breach of this Agreement and may result in termination with no refunds and with all future payments due and owing under the Agreement.
COMPANY reserves the right to collect any and all monies owed by CLIENT to COMPANY, by any means necessary within the parameters of the law. CLIENT shall pay for any fees associated with recouping payment, including but not limited to, collections fees, late fees, interest, administrative fees, and/or attorneys’ fees, as well as costs and disbursements related to same.
D. CHARGEBACKS.
CLIENT shall not threaten or make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. In the event of a chargeback, COMPANY reserves the right to report the incident to credit reporting agencies as a delinquent account.
E. FEES.
COMPANY is not responsible for any foreign transaction fees or for currency exchange rates.
6. REFUND POLICY
A. NO REFUNDS.
All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.
B. CHANGE OF MIND POLICY.
Due to the digital nature of the PROGRAM, COMPANY does not offer refunds on courses/programs because CLIENT has a change of mind. Once CLIENT has started their course (either manually by logging in to the Course Portal, or by attending any call, accessing any replay, or opening any course email), CLIENT is no longer eligible for a refund under any circumstances. If CLIENT decides to change their mind about enrolment, any fees paid prior to the discontinuation of the course will not be refunded. COMPANY, however, offers the option to transfer your registration to another course of similar value.
CLIENT dissatisfaction with COMPANY and/or COACH’S subjective teaching style, independent judgment, methods, or other techniques, as well as disappointment with the size of the group PROGRAM container, are not valid reasons for termination of this Agreement or request of any monies returned to CLIENT. Even if CLIENT does not complete all portions of the PROGRAM, CLIENT is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the PROGRAM and executing this Agreement.
7. NON-DISCLOSURE, CONFIDENTIALITY, GROUP GUIDELINES
A. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
COMPANY takes pride in its proprietary information included in each PROGRAM. As such, CLIENT agrees and acknowledges all Confidential Information shared through this PROGRAM and by the MENTOR is confidential, proprietary, and belongs exclusively to the COMPANY. “Confidential Information” includes, but is not limited to:
● Any systems, sequences, processes or steps shared with CLIENT;
● Any information disclosed in association with this Agreement;
● Any systems, sequences, processes, or trade secrets in connection with the PROGRAM or COMPANY’s business practices.
B. TESTIMONIALS.
COMPANY also agrees to protect Customer’s personally identifiable information. However, from time to time, COMPANY may use general statements about CLIENT’s success for testimonials as part of COMPANY’s marketing strategy. By agreeing to these Terms, CLIENT agrees to COMPANY sharing CLIENT’s success stories as testimonials in any matter across any media at the sole discretion of COMPANY. This may include screenshots of conversations between MENTOR and CLIENT (however, in this case, MENTOR shall always ask permission before sharing, and offer to redact any information and/or keep the comment anonymous). COMPANY may also ask CLIENT to provide testimonials about the MENTOR, the COMPANY, and the PROGRAM via video, audio or written testimonials, which COMPANY may use on its social media and in paid advertisements. CLIENT hereby authorizes COMPANY to use CLIENT’s name, likeness, and image on COMPANY’s social media accounts, websites, and in advertisements as part of CLIENT’s testimonial. CLIENT hereby releases all rights associated with compensation, including royalties, for COMPANY’s use of CLIENT’s name, image, and/or likeness in testimonials.
C. GROUP GUIDELINES.
From time to time, COMPANY includes a peer group community as part of the PROGRAM. As such, (ie. inside the private group community), PROGRAM participants may have access to CLIENT’s information, including business ideas, questions, etc. Likewise, CLIENT may have access to other members’ information. CLIENT hereby agrees to keep all participants’ information discussed during the PROGRAM confidential, and rests assured that other participants are under the same obligation to CLIENT. However, CLIENT hereby indemnifies and holds COMPANY harmless for any PROGRAM participants’ breach of this section.
CLIENT and other PROGRAM participants also agree to be supportive and kind to one another. Any incidents of bullying, harassment, discrimination, or other abuse shall be met with a Zero Tolerance policy, and COMPANY reserves the right to expel CLIENT pursuant to Section 8 above.
CLIENT agrees not to utilize the COMPANY’s PROGRAM and/or access to COMPANY’s peer Facebook community to solicit other PROGRAM students to purchase CLIENT’s products or services. The COMPANY employs a strict Zero Tolerance policy for solicitation of other PROGRAM clients inside any COMPANY community. Similarly, COMPANY will post its rules and guidelines on the peer community Facebook page for all clients to follow; it is CLIENT’s responsibility to read and follow all current guidelines on the peer Facebook community page. Failure to adhere to this non-solicitation policy, or the other peer Facebook community group guidelines, shall result in immediate termination from the peer community with no money back.
8. INTELLECTUAL PROPERTY & LIMITED LICENSE
A. INTELLECTUAL PROPERTY.
This PROGRAM and content contain intellectual property owned by MENTOR, COMPANY and by third-parties that license certain intellectual property to COMPANY. This Agreement is intellectual property licensed to COMPANY.
Other examples of intellectual property found on our website and within our PROGRAM, products and services include, but are not limited to: methods, systems, workshops, videos, downloadable materials, trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “INTELLECTUAL PROPERTY”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the INTELLECTUAL PROPERTY owned by or licensed to COMPANY, either whole or part, without prior written consent.
B. LIMITED LICENSE.
COMPANY grants CLIENT a limited, personal, non-exclusive and non-transferable license to use the PROGRAM for their personal and internal business use. CLIENT acknowledges that any and all products or materials that are downloaded are for their own personal and internal business use. CLIENT 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.
CLIENT holds a limited license during the TERM of this Agreement to use MENTOR’S proprietary PROGRAM. If the CLIENT is also a business owner in a similar industry, CLIENT shall not misappropriate any of MENTOR’S or COMPANY’S INTELLECTUAL PROPERTY in the following manner:
● Teaching CLIENT’S personal clients any of the information, methods, solutions, or formulae owned by MENTOR and/or COMPANY and passing it off as their own;
● Copying any of MENTOR’S course material for CLIENT’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 MENTOR in either whole or part without prior written consent.
A. INTELLECTUAL PROPERTY.
This PROGRAM and content contain intellectual property owned by MENTOR, COMPANY and by third-parties that license certain intellectual property to COMPANY. This Agreement is intellectual property licensed to COMPANY.
Other examples of intellectual property found on our website and within our PROGRAM, products and services include, but are not limited to: methods, systems, workshops, videos, downloadable materials, trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “INTELLECTUAL PROPERTY”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the INTELLECTUAL PROPERTY owned by or licensed to COMPANY, either whole or part, without prior written consent.
B. LIMITED LICENSE.
COMPANY grants CLIENT a limited, personal, non-exclusive and non-transferable license to use the PROGRAM for their personal and internal business use. CLIENT acknowledges that any and all products or materials that are downloaded are for their own personal and internal business use. CLIENT 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.
CLIENT holds a limited license during the TERM of this Agreement to use MENTOR’S proprietary PROGRAM. If the CLIENT is also a business owner in a similar industry, CLIENT shall not misappropriate any of MENTOR’S or COMPANY’S INTELLECTUAL PROPERTY in the following manner:
● Teaching CLIENT’S personal clients any of the information, methods, solutions, or formulae owned by MENTOR and/or COMPANY and passing it off as their own;
● Copying any of MENTOR’S course material for CLIENT’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 MENTOR in either whole or part without prior written consent.
9. MISCELLANEOUS
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.
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.
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.
Voluntary Agreement - THE PARTIES ACKNOWLEDGE THAT THEY HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION, AND BASED UPON THEIR OWN JUDGMENT AND NOT IN RELIANCE UPON ANY REPRESENTATIONS OR PROMISES MADE BY ANY OTHER PARTY OTHER THAN THOSE REPRESENTATIONS OR PROMISES CONTAINED IN THIS AGREEMENT.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by COMPANY.
Governing Law - COMPANY is located in the United Kingdom and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of United Kingdom and the venue shall be a court or decision-maker of competent jurisdiction within the the United Kingdom.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a arbitration proceeding. The decision or award of the arbitrator shall be final and binding upon the parties.
Maximum Damages - CLIENT agrees and acknowledges that the maximum amount of damages that CLIENT may be entitled to in any claim arising from this AGREEMENT or PROGRAM shall not exceed the total cost of the PROGRAM.
Execution - CLIENT agrees to accept the above Agreement in its entirety when CLIENT selects and confirms “I agree to the Terms & Conditions” at the PROGRAM checkout page and by rendering first payment.
Amendments - Parties reserve the right to amend this AGREEMENT from time to time. Any amendments must be agreed in writing and executed by BOTH PARTIES.
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.
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.
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.
Voluntary Agreement - THE PARTIES ACKNOWLEDGE THAT THEY HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION, AND BASED UPON THEIR OWN JUDGMENT AND NOT IN RELIANCE UPON ANY REPRESENTATIONS OR PROMISES MADE BY ANY OTHER PARTY OTHER THAN THOSE REPRESENTATIONS OR PROMISES CONTAINED IN THIS AGREEMENT.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by COMPANY.
Governing Law - COMPANY is located in the United Kingdom and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of United Kingdom and the venue shall be a court or decision-maker of competent jurisdiction within the the United Kingdom.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a arbitration proceeding. The decision or award of the arbitrator shall be final and binding upon the parties.
Maximum Damages - CLIENT agrees and acknowledges that the maximum amount of damages that CLIENT may be entitled to in any claim arising from this AGREEMENT or PROGRAM shall not exceed the total cost of the PROGRAM.
Execution - CLIENT agrees to accept the above Agreement in its entirety when CLIENT selects and confirms “I agree to the Terms & Conditions” at the PROGRAM checkout page and by rendering first payment.
Amendments - Parties reserve the right to amend this AGREEMENT from time to time. Any amendments must be agreed in writing and executed by BOTH PARTIES.