Influence To Income
Terms & Conditions
visual storyteller / entrepreneur / educator
TERMS OF PARTICIPATION:
Please READ carefully. By purchasing this product, the following terms and conditions ("Terms and Conditions") are entered into by Local Milk, LLC, a Tennessee limited liability company (“Company”, “we”, or “us”) and you (“Client” or “you”) agree to the follow terms stated herein.
Company agrees to provide the Program, “Influence to Income” (the “Program”) identified in your online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in these Terms and Conditions, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
The Company shall provide and maintain a password protected program area that will include video; audio and written lessons; templates; worksheets; checklists; slide decks; and other training and support information (the "Program Area"). You shall have access to this Program Area for as long as the Program Area exists. The Company warrants it will maintain the Program Area for the duration of the program, but may terminate the Program Area at any point thereafter. In the event that Company intends to close the Program Area, The Company shall provide Clients with thirty (30) days’ notice in the event the Company intends to close the Program Area in order to permit the Client to download the core resources contained in the Program Area.
From time to time, the Company may offer bonuses and discounts to individuals who sign up for the Program. Clients shall only be entitled, subject to any applicable eligibility requirements, to any bonuses offered at the time of their enrollment. Bonuses and discounts vary depending on specific live and automated promotions throughout the year and are not guaranteed to be available for the entire lifespan of the Program.
The Company shall also offer a closed Facebook group for the clients of the Program (the "Facebook Group"). Although a community manger employed by the company (the "Community Manager") shall create and monitor the group, this Facebook Group's content and operation will be run by the members of the group, meaning that students are encouraged to help each other. The Company, nor the Community Manager is responsible for the content of the Facebook Group or for the conduct and postings of any members of the Facebook Group. Beth Kirby will be live on video in the Facebook Group for one-hour Q&A sessions four (4) times throughout the program. She may also conduct additional live sessions beyond the four (4) guaranteed Q&A sessions from time to time during the Program; however, these additional live sessions are not guaranteed and are subject to terminate at any time without any advanced notice all in the sole discretion of the Company. You shall have access to the Facebook Group for as long as the Facebook Group exists. In the event that Company intends to close the closed Facebook Group, it shall provide clients with thirty (30) days' advance notice.
Client understands Beth Kirby (“Consultant”) and Company are not employees; agents; lawyers; doctors; managers; therapists; public relations or business managers; registered dieticians; financial analysts; psychotherapists; or accountants. Client understands that Consultant and Company have not promised, shall not be obligated to, and will not as part of this Program: (1) procure or attempt to procure employment, business, or sales for Client; (2) perform any business management functions, including but not limited to, accounting, tax, or investment consulting services, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; or (6) introduce Client to Consultant’s full network of contacts, media partners, or business partners. Client understands that a relationship does not exist between the parties after the conclusion of the Program. A separate agreement will be required to continue the parties' relationship beyond the scope of the Program. Neither Company, nor Consultant shall be required to perform any personal coaching or interaction with the Client as part of the Program, except for the above-mentioned four (4) live one-hour Q&A sessions on the Facebook Group.
INDEPENDENT CONTRACTOR STATUS:
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between Client and Company or Client and Consultant. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the Consultant or other instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of your access to the Program, you agree to pay the following fees:
You may choose between a single payment or a payment plan. If you choose the single payment, the whole payment is due prior to and as a condition to becoming a client of Company and gaining access to the Program. If you select the payment plan, the initial payment is due prior to and as a condition to becoming a client of Company and gaining access to the Program. The following two (2) monthly payments shall be automatically charged to your selected payment method thirty (30) and sixty (60) days following the date of your initial payment. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made when due, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater. In addition, the Company may immediately suspend your access to the Program Area and the Facebook Group in the event of missed or late payment. In the event that the Company has suspended your access to the Program Area and the Facebook Group, you shall immediately cease using the material and shall destroy all copies of the information and documentation provided to you, including without limitation: video recordings; audio recordings; forms; template documents; slide shows; membership areas; social media groups limited to paying members; and other resources. In the event that full payment is made after the Company has suspended your access to the Program or the Facebook Group, the Company may in its sole discretion reinstate the Client's access. Notwithstanding anything herein to the contrary, the Company reserves the right to collect any unpaid amounts from Clients using any methods permitted by applicable law, including but not limited to turning Clients' delinquent accounts over to a collection firm.
METHODS OF PAYMENT:
If you elect for the payment plan, you must provide the Company with a valid credit or debit card. You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
The Company provides a 60-day money-back guarantee for the Program (the "Refund Policy"). That Refund Policy is governed by the following terms and conditions.
In order to qualify for a refund, you must submit proof that you did the work in the Program in good faith and that the Program did not work for you. In order to be eligible for a refund, you must contact our support team at firstname.lastname@example.org to request a refund by the 60th day following the date of purchase at 11:59 EST (the "Refund Deadline"). For purposes of the preceding sentence, the date of purchase shall mean the date of your initial payment to the Company for the Program. You must include all of your coursework with your request for a refund. If you request a refund and do not submit your coursework by the Refund Deadline, you will not be eligible for a refund. For purposes of clarity, you will not be entitled to a refund unless both the request for a refund and all coursework is delivered to the Company's support team by the Refund Deadline. After the Refund Date, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the Program.
The coursework that you need to submit with your request for a refund includes, but is not necessarily limited to ALL of the following items:
Photography Assignment 1 - 10 Photographs
Photography Assignment 2 - 10 Edited Photographs
Worksheet - Finding Your Why
Worksheet - Basic Business Plan
Worksheet - Dream Follower Blueprint
Worksheet - Content Strategy Worksheet & Planner
Worksheet - Style Guide Worksheet
Screenshot of and link to completed Grid Assignment
Worksheet - The Follow Strategy
Submit the Opt In You Created
Submit the Welcome Series You Wrote
After receiving the refund request and required coursework, the Company shall determine whether the Client is entitled to a refund. All refunds are discretionary to the Company. Upon determining that Client is entitled to a refund pursuant to this Refund Policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this Refund Policy, you shall no longer have any rights or access to the Program Area; the Program materials found therein; to the Facebook Group; or to any other material or licenses provided or given to you in connection with the Program. Upon the receipt of a refund, you shall immediately cease using the material and shall destroy all copies of the information and documentation provided to you in connection with the Program, including without limitation: video recordings; audio recordings; forms; template documents; slide shows; membership areas; social media groups limited to paying members; and other resources.
Unless and until a refund is received or approval of a refund is given by the Company in writing, all payments must be made on a timely basis or will be considered late even if a request for a refund has been submitted to the Company.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: email@example.com.
NO TRANSFER OF INTELLECTUAL PROPERTY:
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or agents and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access and rights to the Program, including but not limited to the Program Area; the Program materials found therein; the Facebook Group; and any other material or licenses provided or given to you in connection with the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Any and all information disclosed by Company to you in connection with the Program, whether disclosed in writing, orally, visually or by samples, is considered confidential information, unless such information falls within the exceptions set forth below (hereinafter any and all such information shall be collectively referred to as “Confidential Information”). You agree that Confidential Information disclosed to you hereunder shall be retained in confidence in a manner adequate to protect the Company’s trade secret rights therein and shall not be disclosed to others without the Company’s prior written consent. Your obligation of confidentiality for the Confidential Information hereunder shall continue until such information becomes part of the public domain through no act of you. Confidential Information shall not include any information which, in the form disclosed by the Company, (a) was publicly available at the time of disclosure by Company; (b) became publicly available after disclosure by the Company through no fault of you; (c) was in your possession prior to disclosure by the Company, or was being used by you prior to such disclosure, and was not the subject of an earlier confidential relationship with the Company; or (d) was rightfully acquired by the you after disclosure by the Company from a third party who was lawfully in possession of the information and was under no obligation to the disclosing party to maintain its confidentiality. Upon termination of your participation in the Program by Company, you shall return or destroy, at the Company’s direction, all documents, samples or other materials embodying Confidential Information, and shall retain no copies thereof.
In the event that you breach or default in the performance of your obligations under these Terms and Conditions, including but not limited to this Section on Confidentiality, you agree that the Company will be irreparably harmed, that there is no adequate remedy at law, and that the Company shall be entitled to a decree of specific performance to enforce the provisions of these Terms and Conditions. You hereby waive any requirement for the posting of a bond or other security in connection with the granting such injunctive relief to the non-breaching or non-defaulting party.
PRIVACY OF PROGRAM PARTICIPANTS:
As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information.
The Company and Consultant shall not be liable or responsible to Clients, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersedes any prior agreements or understandings, whether oral or written, with respect to the Program and no provision hereof shall be waived except in a writing signed by Company.
You agree to absolve and do hereby absolve the Company and Consultant of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company and Consultant shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages related to your use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its agents may make improvements and/or changes in the Program at any time.
DISCLAIMER OF WARRANTIES:
The Company, the Consultant, and their agents make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to the Program and related information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company, Consultant, and/or their agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program; with the delay or inability to use the Program or related service; the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Program; or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company, Consultant, or any of their agents have been advised of the possibility of damages. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program and apply for a Refund pursuant to the Company's Refund Policy.
Client may not assign this Agreement without express written consent of Company.
Company may modify these terms or use at any time. All modifications shall be posted on the Local Milk, LLC's website.
If you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you otherwise violate these Terms and Conditions, the Company reserves the right, in its sole discretion, to terminate your rights or access to the Program Area; the Program materials found therein; to the Facebook Group; or to any other material or licenses provided or given to you in connection with the Program. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such a termination.
You agree to indemnify, defend, and hold harmless the Company, the Consultant, and their members, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services; any user postings made by you to the Facebook Group; your violation of any of these Terms and Conditions, including but not limited to a failure to pay the Program fees when due; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
These Terms and Conditions shall in all respects be governed by the internal laws of Tennessee without regard to conflicts of law provisions.
RESOLUTION OF DISPUTES:
You hereby expressly waive any and all claims you may have, now or in the future, against the Company, the Consultant, or their members, employees, and agents arising out of or relating to the Program. To the fullest extent permitted by law, the parties irrevocably waive any and all right to trial by jury in any legal proceeding arising out of these Terms and Conditions or the Program, or any of the transactions contemplated thereby. To the extent that you attempt to assert any claim against Company, Consultant, or their members, employees, or agents, you agree that the state courts in Hamilton County, Tennessee, shall have exclusive venue and personal jurisdiction to adjudicate any dispute arising out of the Agreement.
THIRD PARTY BENEFICIARY:
Consultant is an intended third-party beneficiary of these Terms and Conditions and shall have the right to enforce its provisions to the same extent as if she was a party to these Terms and Conditions.
Local Milk, LLC welcomes your questions or comments regarding the Disclaimer:
Local Milk, LLC
400 W M.L.K. Blvd
Chattanooga, Tennessee 37402
Email Address: firstname.lastname@example.org
Effective as of June 2, 2018