High Performance Home Master Classes, Terms & Conditions
Last updated: January 2021
TERMS OF PARTICIPATION
โPlease READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Learning Edge, LLC (“Company”, “we”, or “us”) and You (“Client” or “you”) agree to the following terms stated herein.
CLASSES/SERVICE
Learning Edge, LLC (herein referred to as “Learning Edge, LLC” or “Company”) agrees to provide Classes, “High Performance Master Classes” (herein referred to as “Classes”) identified in online commerce shopping cart. As a condition of participating in the Classes, 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 Classes, the Company shall provide the following to Client:
A Password Protected Classes Area: The Company shall maintain a Classes Area that may include video, audio and written lessons, templates, worksheets, workbooks, checklists, slide presentations and other training and support information. You shall have access to this Classes Area for as long as the Classes Area exists, however no less than 120 days. The Company may modify or delete the Classes Area at any time after Classes Client has registered for are completed, without prior notice to Client.
From time to time, the Company will offer bonuses to individuals who sign up for the Classes. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Classes and they vary depending on specific live and automated promotions throughout the year.
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 Classes.
Client understands Daran Wastchak (herein referred to as “Consultant”) and Learning Edge, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant 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 including but not limited to, accounting, tax or investment consulting, 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; (6) introduce Client to Consultant’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 Classes. If the Parties wish to continue their relationship, they shall execute a separate agreement.
FEES
In consideration of Your access to the Classes, you agree to pay the fees as posted on the Company website at the time Client registers for Classes.
METHODS OF PAYMENT
Available methods of payment are posted on the Company’s website.
REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to attend and complete all Classes registered for. The Company provides a money-back guarantee for the Classes. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must fully participate in all classes you have registered for, including the following:
- Log in at least 5 minutes prior to the start of class;
- Participate in all in-class polls;
- Participate / remain logged in until each class is substantially ended; and
- Complete the Feedback Survey after the class.
In the event that you decide you are not 100% satisfied with any class(es) you've purchased, within seven (7) days after fully participating in a class, or all classes in a "bundle", as outlined above, contact our support team at [email protected] and let us know by the 7th day at 11:59 EST that you’d like a refund.
We will NOT provide refunds for any request made more than seven (7) days following the date of a class, or "bundle" of classes, you've registered for. After day 7, all payments are non-refundable.
All refunds are discretionary as determined by Learning Edge, LLC.
Upon determining that you are entitled to a refund pursuant to this 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 money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, workbooks, slide presentations, membership areas, and other resources.
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 protected].
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Classes, you hereby agree to respect the privacy of other class participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other class participants outside of the bounds of the Classes unless you receive express written permission from such other participant to share the information. Similarly, the content of the Classes 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 Classes with anyone other than the Company, it’s owners and employees, and other class participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Classes, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Classes, 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 Classes are the trademarks of their respective owners.
Your participation in the Classes does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Classes, 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 Classes 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 Classes.
The Company content is not for resale. Your participation in the Classes 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 Classes 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 Classes, which provides education and information. The information contained in the Classes, 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 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.
MISCELLANEOUS
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 Classes and/or any information and resources contained in the Classes. 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 Classes.
The information, software, products, and service included or available through the Classes may include inaccuracies or typographical errors. Changes are periodically added to the information in the Classes. The Company and/or its suppliers may make improvements and/or changes in the Classes at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Classes 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 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.
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 Classes, with the delay or inability to use the Classes or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Classes, or otherwise arising out of the use of the Classes, 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 Classes or any portion of it, your sole and exclusive remedy is to discontinue using the Classes.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Classess, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
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 Learning Edge, LLC’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Classes and the related services or any portion thereof at any time, if you become disruptive to the Company or other Classes participants, if you fail to follow the Classes 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 Classes 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 Classes. 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 Paradise Valley, AZ.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a seven (7) day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not purchase a class, or "bundle" of classes, or any supporting materials that may be sold in conjunction with a class or "bundle". If you require further clarification, please contact [email protected].
