- Description of Services We make various services available on this Site including, but not limited to, the provision of free and premium content for both members and non-members, including access to webinars, learning modules, white papers and other educational materials, and coaching sessions. Fees for the various services are set out in the membership and service fees described elsewhere in this Site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem and your own Internet access (including payment of service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- Payment of Fees If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information upon request. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- Conduct on Site Your use of the Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third Party Sites and Information This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the site or other third party by us, or provide any warranty of any kind, either express or implied.
- Intellectual Property Information Copyright © 2015 LEAP for Women, LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
- Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Hannah K. Joseph
Katz & Korin, PC
334 N. Senate Avenue
Indianapolis, Indiana 46204
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
In addition, the materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will LEAP for Women, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Participation in Promotions From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
- Use of Site and Storage of Material You acknowledge that we may establish general practices and limits concerning use of the services available on our Site, including without limitation the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
- Security and Password You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- Export Controls Software available on or through this Site is subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- International Use Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
- Governing Law This Site (excluding any linked sites) is controlled by us from our offices within the State of Indiana, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Indiana, by accessing this Site both of us agree that the statutes and laws of the State of Indiana, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Marion County and the United States District Court for the Southern District of Indiana with respect to such matters.
- Contact Information
Except as explicitly noted on this Site, the services available through this Site are offered by LEAP for Women, LLC, an Indiana limited liability company located at 11650 Lantern Rd., Ste. 214, Fishers, IN 46038. Our telephone number is (877) 501-5327.
By registering for an account with LEAP for Women, you become a “Member” with access to certain password-restricted areas of the Site and certain services and materials offered on and through the Site (a “Subscription”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars. All Membership fees are non-refundable under any circumstances.
We offer different Subscription options. Our current Subscription options and fees are posted here. The fee that we will charge you for your Subscription will be the price posted on the Site on the date that you register as a Member. LEAP for Women reserves the right to change prices for Subscriptions at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases.
You may pay for your Membership fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription (or if you sign-up for a Subscription that includes a free-trial period, we will charge your credit or debit card for your first Subscription fee upon the expiration date of the applicable free-trial period). Once your credit or debit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once we have processed your order for your Subscription), you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of, and materials on, the Site.
IMPORTANT NOTICE: LEAP FOR WOMEN WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE “RENEWAL DATE”), AND LEAP FOR WOMEN WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE CURRENT APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERHSIP FEE PAYMENT ON THE RENEWAL DATE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
IF YOU SIGN UP FOR A SUBSCRIPTION THAT INCLUDES A FREE-TRIAL PERIOD OR A DISCOUNTED SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE EXPIRATION OF THE FREE-TRIAL PERIOD OR DISCOUNTED SUBSCRIPTION TERM, LEAP FOR WOMEN WILL, AUTOMATICALLY CHARGE YOU THE SUBSCRIPTION FEE UPON THE EXPIRATION OF THE FREE-TRIAL OR DISCOUNT SUBSCRIPTION PERIOD. FREE-TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE-TRIAL SUBSCRIPTION. DISCOUNTED SUBSCRIPTIONS WILL BE CHARGED THE DISCOUNTED RATE AND CHARGED THE CURRENT APPLICABLE SUBSCRIPTION FEE ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR MEMBERSHIP FEE PAYMENT ON THE RENEWAL DATE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAIL TO [email protected] or by calling (877) 501-5327 FOR ASSISTANCE, PROVIDED THAT ANY SUBSCRIPTION FEES CHARGED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION WILL NOT BE REFUNDED, IN WHOLE OR IN PART. YOU WILL NOT BE ELIGIBLE FOR A PRO-RATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR ANY UNUSED DAYS OF THE THEN-CURRENT SUBSCRIPTION TERM. LEAP FOR WOMEN REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE THEN-CURRENT SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Member, and you authorize LEAP for Women to charge your credit or debit card for any such applicable taxes.
LEAP for Women reserves the right to modify pricing at any time, upon advance notice to you. If you have not cancelled your Subscription within the specified time after receiving notice of a price change, your membership subscription will auto-renew at the price indicated in your notice.
In addition to Subscriptions, we may make certain products and services available to Users. You may only order products or services if you are domiciled in the United States. If applicable, you agree to pay all fees or charges to your account based on LEAP for Women’s fees, charges, and billing terms in effect on the day you make your purchase. If you do not pay on time or if LEAP for Women cannot charge your credit card or other available payment method for any reason, LEAP for Women reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that LEAP for Women is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card or other available payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that LEAP for Women may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
All fees paid to LEAP for Women for any products, services or materials are non-refundable.
This COACHING AGREEMENT is entered into by and between you (“Client” or “You”) and LEAP for Women, LLC, an Indiana limited liability company (“Consultant” or “LEAP for Women”).
LEAP for Women, LLC is committed to the very best results for its clients. To ensure that there are no misunderstandings as we work together, please read the following Terms and Conditions very carefully, as they constitute a legally binding agreement between Consultant and you (“Agreement”).
Note: Should you have any questions about logistics, including scheduling or payments, please email us at [email protected].
- Fee: The fee for this program is available (“Consulting Fee”) here. Payment shall be due upon purchase of the program. You will be able to schedule the program at your convenience. Any coaching sessions or programs not used within one (1) year from the date of purchase will expire and be forfeited.
- Client may choose to pay by check or credit card. If you choose to pay in a single lump sum payment upfront, you may put your Consulting Fee on one single credit card, or more than one. If you have chosen the monthly payment option, your payment will be processed at the end of the month preceding each month of Consulting without you having to do anything (example: payment for September Consulting will be processed late in August).
Consultant reserves the right to withhold performance of any services in the event of non-payment of any amounts when due. If you fail to pay the amounts due, you accept responsibility and agree to pay for reasonable attorneys’ fees and other expenses incurred in collecting the amounts due. In the event any other legal action or court or arbitration proceeding is brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover its fees of its attorneys in such action or proceeding, including costs on appeal.
- Decisions and Results. You are ultimately responsible for decisions made about your life and your career. Consultant will offer resources and guidance, however, it is up to you to decide which, if any recommendations, to act upon. If you decide to take a recommendation, it is your choice and you must investigate and take full responsibility for your decisions.
- Client’s Obligations. Client agrees that (a) he or she has and shall provide accurate, up to date, current, and truthful information to Consultant and (b) any actions taken by Client are the Client’s sole responsibility. Client is solely responsible for compliance with all federal, state, and local laws, rules, regulations, executive orders, ordinances, standards, and best practices applicable to Client’s business or industry.
- Consultant’s Obligations. Consultant covenants, represents, and warrants that (a) it shall conduct the services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession practicing in the State of Indiana under similar conditions; and (b) the services provided shall not infringe or violate any applicable federal, state, or local law, rule, or regulation, or any intellectual property rights or other rights of any third party. Consultant has the sole right to control and direct the means, manner, and method by which the services will be performed.
Consultant may rely, without further independent investigation or inquiry, upon all information about Client or Client’s business submitted by Client at any time. Client acknowledges that all services are based upon Consultant’s general understanding of the facts and circumstances as communicated by the Client. In addition to the indemnity obligations provided below, Client agrees to defend and indemnify Consultant, its members, employees, and agents, and to hold each of them harmless from and against, any loss, liability, damage, claim, or expense whatsoever which any of them may incur as a result of any inaccuracy, error, or omission, howsoever caused, in any information submitted by Client under this Agreement.
- Rescheduling and Cancellations. Consultant is committed to your results. To that end, we ask clients to not reschedule or cancel their appointments. If something out of your control happens and you absolutely need to reschedule, please give as much advance notice as possible. As with any professional service business, the appointment will not be rescheduled if missed without a 24-hour notice. If you cancel without providing 24 hours’ notice or reschedule a session more than three times in one year, we reserve the right to terminate your access to the services and no refunds will be provided. For all scheduling issues or changes, please email Consultant at [email protected]
- Materials received in the course of our work together are proprietary, copyrighted, and developed specifically by Consultant. Client acknowledges that he or she will have access to and become acquainted with confidential information as part of the services being provided under this Agreement. Client further agrees that such proprietary materials are solely for Client’s own personal use for the purpose of enhancing his or her Consulting experience. Any disclosure to a third party is strictly prohibited and Client agrees that he or she will not disclose any of this proprietary information, directly or indirectly, or use any of the foregoing information in any manner, either during the Consulting or at any later time. The duties of confidentiality of the parties and ownership of produced materials under this Agreement will survive the termination of the Agreement.
All confidential information remains the property of Consultant and no license or other rights, other than in connection with the Consulting, is granted or implied hereby.
- Publicity Release I give LEAP for Women permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of any activities provided in connection with this Agreement. I agree that LEAP for Women has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with LEAP for Women’s missions. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation or other consideration for the use of such materials and hereby release LEAP for Women and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
- Terms and Termination of Services. Consultant reserves the right, in its sole discretion, to postpone, defer, or cancel the services.
Except as provided in this section, Client understands and agrees that this is a non-cancellable commitment and there are no refunds or cancellations of any fees paid in advance for the services. If the Client terminates this Agreement, for any reason whatsoever, Client shall be responsible for the payment of all amounts due and owing for the remainder of the term of this Agreement. If Client is paying monthly Consulting fees by credit card, Client hereby consents for Consultant to continue to collect any and all fees due for the term of the Agreement.
- Disclaimer of Liability. Client understands and agrees that Consultant is not an employer, agent, business manager, financial advisor, attorney, medical professional or mental health counselor. Consultant has not promised and shall not be obligated to, and will not: (a) procure or attempt to procure any employment, business, or sales for the Client; (b) perform any business services such as accounting, investment, legal, or tax services or advise with regard thereto; (c) provide any medical advice or treatments; or (d) act as a doctor or therapist, providing psychological counseling, psychoanalysis, or other behavioral therapy.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY PERSON OR ENTITY CLAIMING ANY RIGHT BY OR THROUGH THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR THE LOSS OF ANTICIPATED PROFITS, ARISING FROM THE PERFORMANCE OR BREACH OF ANY PROVISION OF THIS AGREEMENT BY EITHER PARTY EVEN IF NOTICE IS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES. CONSULTANT’S AGGREGATE LIABILITY TO CLIENT OR ANY PARTY CLAIMING ANY RIGHT BY OR THROUGH CLIENT, FOR ANY REASON WHATSOEVER SHALL NOT EXCEED THE SUM OF THE PAYMENT RECEIVED FROM CLIENT UNDER THIS AGREEMENT.
CLIENT ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. CLIENT ALSO ACKNOWLEDGES THAT CONSULTANT MAKES NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM LIABILITY FOR ANY MATTERS REGARDING INSURABILITY, PAYMENT OF CLAIMS, COSTS, OR AVAILABLILITY OF SPECIFIC INSURANCE PROGRAMS OR PRODUCTS, OR ANY OTHER MATTER RELATED TO THE RELATIONSHIP OF CLIENT AND ANY THIRD PARTY.
- Client shall defend, indemnify, and hold harmless Consultant, its agents, and employees from and against all losses, claims, liabilities, or damages and any related costs and expenses, including court costs and reasonable attorneys’ fees arising out of or in any way related to a breach of this Agreement by Client or any act, omission, negligence, or willful misconduct of Client.
- This Agreement will be governed by and interpreted and enforced in accordance with the internal laws of the State of Indiana. The parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of Indiana and of the United States of America located in Marion County, Indiana for any litigation arising out of or relating to this Agreement (and agree not to commence any litigation relating to this Agreement except in such courts) and waive any objection to venue of any such litigation in the such courts.
- Neither party shall have the right to assign this Agreement, in whole or in part, without the prior written consent of the other party. Consultant may, in its sole discretion, delegate or assign any portion of the services hereunder to a sub-contractor.
- Independent Contractor. Nothing in this Agreement will be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and Client, or any co-worker or contractor of either party, nor shall this Agreement be construed to make the parties partners, joint ventures, representatives, or agents of each other, nor shall either party so represent to any third person. Consultant is acting pursuant to this Agreement solely as an independent contractor.
- Merger. This Agreement will not be terminated by the merger or consolidation of Consultant into, or with, any other entity.
- Headings. Section headings are inserted for convenience or reference only.
- Notices. Any notice required to be given pursuant to this Agreement shall be made in writing by either: (a) personally delivering notice to the party requiring it, and securing a written receipt; (b) mailing notice by certified United States mail, return receipt requested, to the last known address of the party requiring notice; or (c) electronic communication (such as e-mail) where confirmation of receipt is obtained (which confirmation may be an electronic confirmation).
- Modification or Amendment. No amendments, changes, or modifications of this Agreement will be valid unless in writing signed by the parties.
- Waiver. No waiver by either party of any default will be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement.
- Severability. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision will be deemed to be severed from the Agreement.