Terms of Participation
By purchasing products (hereinafter the “Solutions”), You agree to enter into the following Terms and Conditions with SJ Leadership Coach, LLC DBA Kadabra. (“Company”, “we”, or “us”) and You (“Client,” “You” or “Your”) agree to the following terms stated herein.
SOLUTION
Company agrees to provide the Solution identified in Your online commerce shopping cart. As a condition of purchasing the Solution, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Solution, the Company shall provide the following to You:
- Bullet point the specific things participant will get. Here are some examples
- A Password Protected Program Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists. In the event that Company intends to close the Membership Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Membership Area, which is what is referred to as “Lifetime Access” in our marketing materials.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
You understand that Company is not an employee or agent of Your business. Client understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions for Client; (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; (6) introduce Client to Company’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Solution. If the Parties wish to continue their relationship, they shall execute a separate agreement.
FEES
In consideration of Your access to the Solutions, you agree to pay the associated fees chosen at checkout.
If You have signed up for monthly payments, the subscription renews automatically each month on the same day You originally signed up on and Your debit/credit card will be charged the fee stated at the time of purchase.
If You opt for monthly payments, you will remain responsible for those payments unless you are granted a cancellation according to the Solution’s Cancellation Policy set forth below. In the event that any payment is not made, the Company shall immediately suspend Your access to the Solution and any and all of its benefits.
METHODS OF PAYMENT
If You elect for the payment plan, 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.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
CANCELLATION
Company does not allow cancellations or provide any refunds. You understand that by signing up for the Program, You must complete all payments are not entitled to any refunds.
CONFIDENTIALITY
The Company respects the privacy of its participants and will not disclose any information You provide except as set forth in this Agreement. As a condition of purchasing the Solution, you hereby agree to respect the privacy of other Clients and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Client participants outside of the bounds of the Solution unless you receive express written permission from the other participant to share the information. Similarly, the content of the Solution contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Solution with anyone other than the Company, its owners and employees, and other Client participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Solution, such as text, graphics, logos, images, guides, videos as well as the compilation thereof, and any software used in the Solution, is the property of the Company or its suppliers 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 Solution are the trademarks of their respective owners.
Your participation in the Solution does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Solution, 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 Solution 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 Solution.
The Company content is not for resale. Your participation in the Solution 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 to the Solution will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Solution, which provides education and information. The information contained in the Solution, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, 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.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court 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.
LIABILITY
You agree to absolve and do hereby absolve the Company 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 Solution and/or any information and resources contained in the Solution. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Solution.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers 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 Solution, with the delay or inability to use the Solution or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Solution, or otherwise arising out of the use of the Solution, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Solution or any portion of it, your sole and exclusive remedy is to discontinue using the Solution.
WARRANTY
The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Solution and the related services or any portion thereof at any time, if You become disruptive to the Company or other Client participants, if You fail to follow the Solution guidelines, or if You otherwise violate this Agreement. 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 termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties 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 Solution and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, 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.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to San Jose, California.
Last Updated: Apr 8, 2022
