EDUCATIONAL PROGRAM TERMS AND CONDITIONS

TERMS & CONDITIONS FOR ACCESS TO SYNAPTIC PHYSICAL THERAPY, INC.’S EDUCATIONAL PROGRAMS INCLUDING “PARKINSON’S DISEASE FOR EXERCISE PROFESSIONALS” OFFERED THROUGH SYNAPTIC ACADEMY™.

Effective date: June 20, 2022 

Synaptic Physical Therapy, Inc. and its subsidiaries and affiliates (collectively the “Company”) welcome you. Please READ carefully. Your access and use of this Site (defined below) and Program (defined below) is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. The Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.

Thank you for purchasing an Educational Program (“Program”) from Synaptic Physical Therapy, Inc. 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” and/or “Customer”) agree to be provided with the Program created by the Company and/or Theresa Najjar (“Owner”) in her capacity as Owner of the Company, and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):

SECTION 1. INTRODUCTION

Synaptic Physical Therapy, Inc. (“Company”) is a company incorporated in California, USA, which provides physical therapy, wellness, fitness, coaching, mentoring, consulting, and educational programs (“Services”). These Services are further defined in our Site Terms and Conditions (https://www.synapticacademy.com/terms). The Company has created this Program to provide the Client with information and educational materials on a specific topic. The Program is designed for educational purposes only and is not intended to provide a medical diagnosis, substitute for medical advice, or teach medically necessary interventions such as physical therapy. The Program may include courses, webinars, e-books, materials, and lectures which may be delivered online or face-to-face in a synchronous, asynchronous, or hybrid format. The Company does not teach the user how to become a physical therapist or how to diagnose, prescribe, treat, rehabilitate, counsel, or provide medically necessary interventions. The Company is not an accredited post-secondary education institution or an institution accredited by NCAA/ISO/IEC or other 3rd party accreditors to offer personal trainer certification. The Program’s content is by no means complete or exhaustive and is not intended to represent the best or only information, methods, or skills appropriate for the situations discussed. Rather, the Program is intended to present an approach, view, statement, or opinion of the Company, authors, or presenters which may be helpful or of interest to you, the Client.

The material appearing on the websites www.synapticpt.com and www.synapticacademy.com (the "Site"), is provided as either information about the Company's events, people, the Program, or stories as a platform for online connection and community. The owner of this Site (the Company) and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction the Client takes based on the information found on or material linked to on this Site. Any information by or on the Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, the Client accepts and agrees that following any information or recommendations provided therein is at your own risk.

SECTION 2. DISCLAIMERS

A. Assumption of the Risk

If any part of the Program includes general exercise/fitness instruction and advice, the Client should know that there are risks of embarking on an exercise program, such as muscle soreness or injury. Therefore, you understand that your participation in our Program is at your own risk. Prior to participating in our Program, you accept responsibility for obtaining any necessary medical clearance from your physician or other health care providers, especially if you have any medical problems that impair or limit your ability to exercise. You agree that you are responsible for monitoring your body's response to exercise during the Program. You also agree to sit down if you feel you need to, take breaks when you feel you need to, and perform exercises in a seated position if you are uncertain. You also agree that if you have an onset of any symptoms or pain you will stop immediately and consult your physician.

B. Behavior and Etiquette

You agree to be clean and sober when participating in this Program. You also agree to be kind and courteous and to not participate in hate speech or bullying.

C. Responsibility For Your Own Actions

You acknowledge that you are fully responsible for any actions you do or do not take while interacting with the Program. As a condition of using the Program, you agree you will be fully responsible for any actions or inactions regarding your life, health, or business based on the information you find in the Program. You understand that you may personally consult with a professional before making any significant decisions.

D. No Guarantees

The Company makes NO GUARANTEES about any success that the Client gets from our Site or Services, such as this Program, or any of our free offers. The Client understands that the Program has been designed by the Company for general educational and informational purposes only, with the goal of teaching the Client new skills and providing the Client with awareness of the Program’s subject matter. Through the Program, the Company might provide guidance regarding skills, approaches, techniques, or business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using the Company’s services and purchasing this Program, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. The Client agrees that the Company will not be held liable for any damages of any kind resulting from or arising from the use or misuse of the Program. The Client agrees that the use of this Program is at the Client’s own risk. 

The Client hereby acknowledges that Client is solely responsible for the outcome of implementing any content or advice provided by the Program. The Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide the Client with specific results. The Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision. 

Ultimately, the Company will not be responsible or make any promises for what will happen in the Client’s life and business. Even if the Client has worked with us as a Client before and achieved certain results, we make no guarantee that those results will happen again. We cannot be any more clear about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.

E. Scope of Services

The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of the Client’s business. The Client understands that the Program is created to help the Client learn new skills and assist the Client with finding their own direction. The Program may offer guidance regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.

This Program does not include:

  1. Individualized advice and feedback;
  2. Procuring business or potential clients for Client;
  3. Performing any business management services for the Client, such as accounting, operations, research, or development;
  4. Life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 
  5. Medical advice or treatment
  6. Rehabilitation services in the form of physical therapy, occupational therapy, or speech therapy;
  7. Instruction on how to diagnose, prescribe, treat, rehabilitate, counsel, or provide medically necessary interventions such as physical therapy
  8. Legal or financial advice;
  9. Publicity, public relations, and/or social media marketing services;
  10. Introduction to Company’s professional network and business relationships 

The Client hereby acknowledges that the Program is by no means complete or exhaustive and is not intended to represent the best or only information, methods, or skills appropriate for the situations discussed. Rather, the Program is intended to present an approach, view, statement, or opinion of the Company, authors, or presenters which may be helpful or of interest to the Client

F. Delivery of Program

This Program may be distributed by the Company either directly or through a third-party platform. The Company reserves the right to substitute services equal to or comparable to the value of the Program if reasonably required by the prevailing circumstances as determined by the Company. Access to the Program is currently through a third-party platform, Kajabi, LLC. (“Kajabi”). The Company is not liable for any limitation of access to the Program caused by Kajabi or any other third-party used to assist the Company with the delivery of this Program to Client.

G. Online Services

This Program may be available over the internet (for instance, through Zoom, Kajabi, Patreon, or other applications). When receiving Services including the Program over the internet, you are responsible for maintaining your safety and the safety of your environment (for instance, clearing your space of trip hazards, removing throw rugs, wearing proper footwear, holding onto a chair, sitting, and/or standing near a wall if you have trouble with balance, having another person standing by).

H. Privacy and Security

You acknowledge that we cannot guarantee the privacy or security of our Program when it is provided through the internet. We respect your privacy and will maintain the confidentiality of our communications with you in accordance with our Privacy Policy posted on the Site. Therefore, when you access this Program via the Internet, you are accepting the risk that your personal and/or medical information may be seen or accessed by unauthorized third persons and you are agreeing to the terms of our Privacy Policy.

I. Advice and Well Being Disclaimer

Synaptic Physical Therapy, Inc. ("we" or "us") makes every effort to ensure accurate representation of the various injuries, conditions, advice, educational content, and prognosis displayed throughout the Site, our Services, the Program, social media, and emails. The content on the Site, our Services, the Program, social media, and emails are for informational, educational, and entertainment purposes only. The information given is not intended as representation of every individual’s injury or health condition. The information contained on the Site, our Services, the Program, social media, and emails will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should seek the advice and examination of your registered physician or practitioner as determined by your own judgment. You understand that the information contained on the Site, our Services, the Program, social media, and emails is not a substitute for health care, medical or nutritional advice of any kind, legal advice, financial advice, education provided by postsecondary education institutions, or education provided by accredited institutions offering professional certifications. As with any injury or health condition, each person’s symptoms can vary widely and each person’s recovery can vary depending upon background, genetics, previous medical history, application of exercises, posture, motivation to follow medical advice, and various other factors. It is impossible to give a 100% complete accurate assessment and prognosis without a thorough physical examination and likewise the advice given for management of an injury or health condition cannot be deemed fully accurate in the absence of this examination from a licensed physical therapist or physician. Significant injury risk is possible if you do not follow due diligence and seek suitable professional advice about your injury or health condition. You understand and agree that you are fully responsible for your mental and physical well-being, including your exercise, dietary, mental, and physical choices and decisions. You agree to seek medical advice as determined by your own judgment before taking any action in connection to the information contained on the Site, our Services, the Program, social media, and emails or discontinuing use of any medications as prescribed by your medical practitioner. We shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material which is provided "as is" and without warranties. No guarantees of specific results are expressly made or implied by us or the Site.

SECTION 3. INTELLECTUAL PROPERTY

A. Copyright

United States of America copyright laws protect all materials created by the Owner or Company on the Site and within the Program as original works. All materials belong to the Owner and/or the Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by the Company. Other examples of intellectual property owned by the 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, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

B. Non-Exclusive License

If the Company provides Intellectual Property on the Site and/or within the Program that the Client can download, a revocable, non-exclusive license is granted for the Client to download copies of the materials for personal, non-commercial transitory viewing only. The Company grants only a limited, personal, non-exclusive, and non-transferable license to Client to use the Intellectual Property for the Client’s personal use. 

Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. The Client acknowledges that their purchase of this Program is for their single individual use. The Client shall not copy, publish, reproduce, translate, transmit, transfer, modify, alter, edit, create derivative works from, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

This is the grant of a license, not a transfer of title, and under this license, Client shall not:

  • Modify or copy the Intellectual Property;
  • Use the Intellectual Property for any commercial purpose, or any public display (commercial or non-commercial);
  • Share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.

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

  • Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by the Company and passing it off as the Client’s own;
  • Copying any of the Company’s Program content and/or material for the 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 Company in either whole or part without prior written consent.

C. Infringement of Intellectual Property

This license shall automatically and immediately terminate if the Client violates any of the restrictions regarding the Company’s Intellectual Property. Upon the Company’s suspicion that Client violates any of the above Intellectual Property restrictions, the Client’s access may be terminated by the Company at any time. 

Suspicion includes, but is not limited to: 

  • Identification of Client content that is based on the Company’s proprietary framework;
  • Identification of Client content that is almost identical and/or confusingly similar to the Company’s content; 
  • Notice from third-party of confusingly similar content between Client and Company

Upon terminating the Client’s license, the Client must destroy any downloaded materials in the Client’s possession whether in electronic or printed format.

In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to the Company, the Company reserves the right to:

  • Immediately remove the Client’s access to the Program;
  • Investigate the Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
  • Block the Client from accessing future programs or content belonging to Company;
  • Recover all funds expended on investigating the Client’s infringement of the Company’s Intellectual Property, including (and especially) legal fees, administrative costs for the Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement

If the Company discovers that the Client has illegally misappropriated or used any of the Intellectual Property the Client was granted access to, the Client will be blocked from any future programs, the Company will seek any extent of legal remedies, and the Client will be required to cover all legal fees necessary to enforce these rights.

SECTION 4: PROGRAM OVERVIEW

A. Program Prerequisites

This educational Program’s curriculum focuses on individual/one-on-one exercise plan design and does not go into detail on group exercise pedagogy. This Program also strongly emphasizes working within one’s scope of practice and collaborating with the interprofessional care team.

It is the Client’s responsibility to determine if they meet the prerequisites to receive a valid Certificate of Completion. Clients are required to have one or more of the following certifications and/or licenses to receive a valid certification of completion:

  • Certified Personal Trainer (with certification from NCAA or ISO/IEC 17024 accredited program);
  • Board Certified Exercise Physiologist (EPC);
  • ACSM Exercise Physiologist (EP-C);
  • ASCM Clinical Exercise Physiologist (CEP);
  • Registered Clinical Exercise Physiologist (RCEP);
  • Licensed Physical Therapist;
  • Licensed Physical Therapist Assistant;
  • Licensed Occupational Therapist;
  • Licensed Occupational Therapist Assistant;
  • Licensed Physician (MD, DO);
  • Licensed Physician’s Assistant;
  • Licensed Registered Nurse;
  • Licensed Nurse Practitioner

The following populations have been identified as not having the minimum required knowledge, skills, and abilities to meet the Program’s learning objectives and achieve competence. Unless a Client from the following groups also meets the above eligibility criteria, they do not qualify to receive a valid Certificate of Completion for taking this Program and it is recommended they do not take this course:

  • Certified Group Fitness Instructor (with certification from NCAA or ISO/IEC 17024 accredited program)
  • Dance Instructor;
  • Yoga Instructor;
  • Pilates Instructor;
  • Non-Certified Personal Trainer;
  • Non-Certified Group Exercise Instructor;
  • Non-Certified Exercise Physiologist

No refunds will be given if a Client purchases the Program but does not qualify to receive a valid Certificate of Completion. (See also Section 9). In the event that Company receives information that Client has not completed the prerequisites prior to purchasing the Program, the Company reserves the right to:

  • Immediately remove the Client’s access to the Program;
  • Investigate the Client’s usage of the Program, including purchasing access to Client’s content (ie. courses, programs, etc);
  • ‘Blocklist’ the Client from accessing all materials, courses, or other products or services Company offers (See also Section 8 Subsection D)

B. Technical Specifications

This course is offered online in an asynchronous format. The Client’s computer and internet access are vital to their success. The following is the minimum technical requirements for this Program:

  • Regular access to a personal computer;
  • Minimum hardware specifications:
    • Intel i5 or equivalent processor;
    • Minimum 8 GB of RAM
  • Latest Version Web Browser: Google Chrome, Safari Firefox, Microsoft Edge;
  • High-speed broadband connection with minimum 5 Mbps download bandwidth

Mobile Devices:

You may be able to access and interact with most elements of the Program through tablets and smartphones. While tablets, smartphones, and other mobile devices may allow for some completion of elements of the Program, they are not guaranteed to work in all areas. We recommend Clients do not take quizzes on a mobile device, such as a smartphone or tablet. Please do not expect to rely only on a mobile device for success in this Program. You should have a PC or Mac-based computer available to complete the Program.

C. Course Access

Program Clients receive 12-months of unlimited access to the Program and private student community. Client access activates immediately upon enrolling in the Program, and the Company does not offer account holds beyond the 12-month program. The Company understands everyone has different learning styles and goes through the Program at their own pace.

D. Course Extension

However, if for any reason, the Client is unable to complete the program within the 12 month access period or would like to have ongoing access to the Program, the Client will have an option to opt-in for the Company’s paid course extension for the length of time selected by Client at the time of subsequent Extension checkout. (hereinafter referred to as “Extension”). Note, the additional Extension beyond the initial 12-month Program access is non-refundable and non-transferable.

E. Remediation

This Program’s educational content is divided into learning modules. Following completion of each module, the Client will take a quiz designed to assess whether the module’s learning objectives have been met. The Client must score at least a 75% on the quiz in order to unlock the next module. At the end of the Program, the learner will take the final quiz which will include questions from all modules. The Client must also score at least 75% on this final quiz to receive a Certificate of Completion. If a Client does not pass a quiz, they will receive an automatically generated email pointing them to the specific content they should review before taking the quiz again. Clients are encouraged to review this material prior to retaking the quiz. Quizzes can be retaken by the Client as many times as needed to score at least a 75%.

F. Certificate of Completion

The Certificate of Completion will include the Client’s name, the Program title, the instructor’s name, and the date of Program completion. If continuing education credits are offered, they will be listed on the Certificate of Completion in accordance with the accrediting body’s requirements (See also Section 4 Subsection G).

In order to receive a valid Certificate of Completion, the following criteria must be met:

  1. The Client meets the Program prerequisite requirements (See Section 4 Subsection A);
  2. The Client must score at least 75% on all quizzes

The Certificate of Completion is only valid for Clients with one or more of the following prerequisites:

  • Certified Personal Trainer (with certification from NCAA or ISO/IEC 17024 accredited program);
  • Board Certified Exercise Physiologist (EPC);
  • ACSM Exercise Physiologist (EP-C);
  • ASCM Clinical Exercise Physiologist (CEP);
  • Registered Clinical Exercise Physiologist (RCEP);
  • Licensed Physical Therapist;
  • Licensed Physical Therapist Assistant;
  • Licensed Occupational Therapist;
  • Licensed Occupational Therapist Assistant;
  • Licensed Physician (MD, DO);
  • Licensed Physician’s Assistant;
  • Licensed Registered Nurse;
  • Licensed Nurse Practitioner

The following will be stated on the Certificate of Completion: “Certificate only valid for persons meeting one or more of the following prerequisites: Certified Personal Trainer (with certification from NCAA/ISO/IEC 17024 accredited program), Board Certified Exercise Physiologist (EPC), ACSM Exercise Physiologist (EP-C), ASCM Clinical Exercise Physiologist (CEP), Registered Clinical Exercise Physiologist (RCEP), Physical Therapist, Physical Therapist Assistant, Occupational Therapist, Occupational Therapist Assistant, Physician (MD, DO), Physician’s Assistant, Registered Nurse, Nurse Practitioner.”

G. Continuing Education Credits

If the Program is approved to provide the Client with continuing education credits, these credits will be conferred to the Client on the Program’s Certificate of Completion after successful completion of the Program. If the Company or Program is approved by a specific institution (i.e. NASM, AFAA, ACE, ACSM) to provide continuing education credits to the Client, this approval often is granted to the Company or Program for a specific term. The Client understands that the Company or Program may cease providing any or all continuing education credits to the Client at any time. Please carefully review your state, province, country, or professional accrediting body’s continuing education requirements. Laws and requirements often change. It is the Client’s responsibility for interpreting those laws, licensure or certification continuing education requirements, and course relevancy.

H. Course Updates

The Company may update our Programs to ensure the majority of clients’ biggest roadblocks are anticipated, minimized, and addressed. Clients are automatically granted access to any updates within the Program’s core curriculum during their 12 months of access. Please note, enrolling in our Program does not grant free access to any future updates or bonuses other than the ones promised to be offered upon the time of enrollment.

I. Course Bonuses

At the time of purchasing and enrolling in the Program, the Client will receive access to the Program core curriculum and may also receive access to select bonuses from the Company and third-party contributors (hereinafter referred to as “Bonus Content”) as advertised at the time of Client checkout. The Client shall receive twelve months (12 months) access to the Program core curriculum as well as the Bonus Content (as advertised at the time of Client checkout) and access to the Program’s exclusive student community. 

From time to time, the Company may offer additional bonuses that are designed to supplement the Program content and Client learning (“Other Bonuses”). These additional Other Bonuses are optional and, as such, are offered for an additional fee to be determined at the time of the offering of the Other Bonuses. If the Client decides to purchase any Other Bonuses, the Client will receive up to twelve (12) months access to the Other Bonuses from the date of purchase. Examples of Other Bonuses include, but are not limited to: A Mini-Course, Fast-Action and/or Early-Bird Bonuses, and Pay-In-Full Bonuses.

All Other Bonuses are non-refundable and non-transferable and cannot be exchanged for another bonus. Likewise, no Bonus Content can be exchanged for any Other Bonuses.

SECTION 5. CLIENT’S RESPONSIBILITIES

The client is responsible for obtaining the appropriate prerequisites prior to taking this course (See Section 4 Subsection A).

The Program has been developed for educational purposes only. The Company has established this proprietary Program in order to educate and inspire the Client to pursue their personal goals. However, the Client hereby acknowledges that Company does not guarantee the Client’s goals, whatever the goals may be, will be reached by completing and implementing the information, advice, and techniques in the Program. The Client accepts and agrees that the Client is 100% responsible for their results from the Program. The Client acknowledges that, as with any investment, there is an inherent associated risk. As such, the Client agrees there is no guarantee that the Client will attain their goals by simply completing the Program. 

Nevertheless, the Client acknowledges that they can optimize their potential results from the Program by adhering to the following: 

  • Meeting the Program prerequisites;
  • Completion of all Program material, including assignments, assessments, and worksheets;
  • Utilization of the Program’s private student community;
  • Taking 100% responsibility for the Client’s results, 100% of the time.

SECTION 6. INDEMNIFICATION

A. Limitation of Liability and Indemnity 

As a condition of your use of the Site and/or Program, the Client hereby indemnifies the Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees), and damages arising out of claims resulting from or arising from your use of this Site and/or Program. In no event shall the Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Program, even if the Company has been notified orally or in writing of the possibility of such damage.

B. Client Decisions

The Client hereby acknowledges that the Company is not liable for any injuries that may arise from the Client’s actions, omissions, or decisions based on the Client’s participation in this Program or use of this Program, 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 the Client’s business decisions, any of the Client’s financial decisions. The Client hereby agrees to indemnify and hold harmless the Company of any claims that may arise after the use of this Program.

C. Links to Third Party Websites

This Site or Program may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages the Client may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. The Company provides these links to improve the Client’s use of the Program, enable the Client to connect with the Company and Owner on various platforms, and help Company offer the most accessible services for the Client and conduct transactions.

SECTION 7. CONFIDENTIALITY

A. Confidential Information & Non-Disclosure

The Company takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.

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

  • Any systems, guidelines, frameworks, sequences, processes, or steps shared with the Client;
  • Any information disclosed in association with this Agreement;
  • Any systems, guidelines, frameworks, sequences, processes, or trade secrets in connection with the Program or the Company's business practices.

B. Testimonials

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

By signing up for the Program, the Client grants the Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Instagram or other social media platforms, public posts or posts inside our student communities/groups, and direct messages with the Company and/or Owner. The Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.

C. Non-Disparagement

The Client agrees, during and/or after use of the Program, to refrain from making any statements, whether oral or in writing, that negatively impact the Company’s program, business, services, products, or reputation.

SECTION 8. PAYMENTS

A. Pay-In-Full

Upon execution of this Agreement, the Client agrees to pay to the Company the full purchase amount for the Program at the time of checkout. The Client authorizes the Company to charge the credit card or account used at checkout to complete all payment(s) and the Client does not require separate authorization for each payment.

B. Payment Default

If any payments fail, the Client agrees to remedy the situation immediately (ie. update the Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else the Client forfeits their right to access the Program. In the event that a payment is not made, the Company will temporarily suspend access until the payment(s) is caught up.

C. Chargebacks

The 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. The Company reserves the right to collect any and all monies owed by the Client to the Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

D. Blocklist and Disputed Payments

The Company retains the right to ‘Blocklist’ the Client from accessing all materials, courses, or other products or services Company offers in the event that the Client does not meet the minimum prerequisites, does not pay the Client’s outstanding balance, disputes Client’s payments, or if the Client misappropriates any of the Company’s Intellectual Property. 

The Client will be removed from the blocklist under the sole discretion of the Company under the conditions that: (1) the outstanding balance has been paid in full, (2) the Program prerequisites have been met, and (3) the Client will not be eligible for a refund for the remainder of their course access. 

In the event that the Client wants to regain access to the Company’s Program or other content after disputing a payment(s), the Client agrees to pay the transaction fee (ie. charged by third-party Stripe) for each payment previously disputed.

E. Foreign Fees

The Company will not be held accountable for any foreign transaction fees charged by the Client’s bank.

SECTION 9. REFUND POLICY

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. It is the Client’s responsibility to ensure they meet the course prerequisites, the course is the right fit for them, and to carefully review our sales page and terms and conditions before purchasing, using, or accessing any of our products and the Program. Please note, we do not offer partial refunds for our Program and our exclusive optional paid bonuses and course extensions are non-refundable under any circumstances.

SECTION 10. MISCELLANEOUS

A. Entire Agreement

These terms and conditions and any other legal notices, policies, and guidelines of the Company linked to these terms and conditions or contained on this Site constitute the entire Agreement between the Client and the Company relating to the Client’s use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company

B. 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.

C. Modifications

The Company may revise these terms of use for its Product or Site at any time without notice. By using the Site and/or Program, the Client is agreeing to be bound by this Agreement.

D. Governing Law

The Company is located in the state of California in the United States of America and is subject to the applicable laws governing the United States of America. The governing law for this agreement is the laws of California, USA.

E. Maximum Damages

The Client agrees and acknowledges that the maximum amount of damages that the Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.

F. Execution

The Client agrees to accept the above Agreement in its entirety when the Client selects and confirms “I have read and agree to the terms and conditions of this page.” at the Program checkout page and by rendering first payment.