ONLINE COURSE AGREEMENT

[ANASTASIA GENTRY, LLC]


This Agreement is between the You (“Student”) and Anastasia Gentry, LLC (“Company”) (collectively the “Parties”), for the purpose of Student purchasing and participating in the Company’s online course (the “Course”). This Agreement shall become effective upon the date of Student completing the checkout process.

1. Scope of Online Course

As part of the Course program, Company shall provide the following to Student:

• The Passive Potential Video Course Access
• The Template Language Swipe Files
• The Etsy Shop and Product Images Canva Templates
• The Template Library
• The Private Facebook Group

2. Course Terms

After purchasing the Course, Student will be given access to the online course materials in MemberVault by Company within 24 hours. Student will have lifetime access to the Course materials so long as the Course is available. In the event Company takes the Course offline, Company will notify Student within 30 days and Student will be able to download the Course materials onto his/her own media storage.

Student shall only have one license to access the Course and use Course materials. Student understands and agrees that the Course materials may not be shared with any third party. In the event Company suspects that the Course is being shared or that Student has shared his/her log-in information with a third party, Company reserves the right to immediately terminate Student’s access to the Course in its sole discretion.

3. Fees

In consideration for access to the Course provided by Company, Student agrees to compensate Company $347 (or otherwise agreed upon amount per coupons or sales at time of purchase).

Student may either (1) pay the full fee of $347; or (2) pay in equal installments over 2 months 2 payments of $187; or (3) pay in equal installments over 4 months 4 payments of $97. In the event Student elects a payment plan, subsequent installments will be paid on the same day of each succeeding month until the entire amount has been paid in full. Student understands and agrees that all payments on the installment plan must be paid on time and any default in payment will result in immediate removal from the Course.

Student will not be given access to the Course until either the full fee is paid, or the first installment payment is complete.

Any additional services, calls, emails and time beyond the scope of the Course, will be billed by Company at $697 per hour.

4. Installment Plan Requirements

In the event Student elects for the payment plan, Student hereby authorizes Company to charge his/her credit card or debit card on file automatically according to the terms set forth in this Agreement.

If any eligible payment methods Company has on file for Student are declined for a monthly payment, Student shall provide a new eligible payment method promptly or Student will be immediately removed from the Course.

If Student does not request a refund within the required refund policy as indicated in Section 5, Student is required by law to complete the remaining payments of the payment plan. Student understands that his/her membership will automatically continue and that he/she authorizes Company (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Student’s account.

5. Refund Policy

Due to the digital nature of this product. All sales are final. No refunds will be issued.

6. Personal Information

By participating in the Course, Student will be asked to register with the Course hosting platform to receive access to Course materials. Student shall select a username and password and may be asked to provide further personal information. Student agrees to allow Company access to this personal information for all lawful purposes. Student is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Student will be kept secure and is subject to the same confidentiality and accuracy requirements as Student’s identifying information indicated above. Providing false or inaccurate information, or using the Course for fraud or unlawful activity, is grounds for immediate termination from the Course.

7. Student Contributions

Through Student’s participation in the Course, Student may post materials, comments, or replies to comments (“Student Contributions”) on Course pages, materials, or the Facebook group. Student grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

8. Bonuses

Company may offer bonuses to Students throughout the Course program. Student is entitled to any bonuses offered at the time of enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

 9. Copyright

All Course materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Course and accompanying content is owned by Anastasia Gentry, LLC and is not to be used for purposes beyond Student implementation. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course content and resources. Student shall 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 Course. Violations of this federal law will be subject to its civil and criminal penalties.

10. Termination

Student may not terminate this Agreement once signed and is required to complete all payments.

Company may terminate this Agreement in the event Student breaches this Agreement or any of the Course rules and terms. In the event of termination by Company, Student will be immediately removed from the Course. Student shall still be required to complete all payments.


11. Communication

Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm EST, excluding holidays. Company WILL ONLY answer communication through the private Facebook group. Company WILL NOT answer any emails or direct messages on social media from Student. Company will respond to Student within 3 days during business hours.

12. Service Location

Both Parties agree and understand that the Course platform, Facebook Group, and additional services to be provided under this Agreement shall be performed virtually.

13. Confidentiality

Student shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation its course materials, course downloads, course outlines, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

14. Indemnification

Student will indemnify, defend and hold harmless Company, its affiliates, customers, employees, contractors, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Company or persons furnished by Company; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by Company to perform its obligations under this Agreement; (d) any negligent act or omission committed by Company in the performance of the Services or (e) any claims, actions, or other proceedings based on a claim that any work provided by Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

15. Maximum Damages

The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Student under this Agreement.

16. Limitation of Liability

In no event shall Company be liable under this Agreement to Student or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Student was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

17. Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. All payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable.

18. Cancellation of Services by Company

In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
1. Immediately give notice to Student;
2. Issue a refund or credit based on a reasonably accurate percentage of services and Course program rendered; and
3. Excuse Student of any further performance and/or payment obligations under this Agreement.

19. Non-Disparagement

Company and the Student agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Company. The Parties further agree to do nothing that would damage the others business reputation or good will; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.

20. DISCLAIMER

The Course and additional services provided by Company according to this Agreement are for informational purposes only. Student acknowledges and agrees that any information posted in the Course, Course materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and Student. Student agrees that his/her participation in the Course is at his/her own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that his/her participation in the creation of an online account is at his/her own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

21. No Guarantees

Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Student completing the Course program. Student agrees to take responsibility for Student’s own results.

22. Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Course program will produce different outcomes and results for each Student. Student understands and agrees that:

1. Every Student and final result is different.
2. Course content is intended for a mass audience and that Company will use its best efforts to create favorable experiences to each Student depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement.
3. Dissatisfaction with Company’s independent judgment or coaching/mentoring style within the Course and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.

23. Spam Policy

Student is strictly prohibited from using the Course and Course materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Course students and distributing such information to third parties or sending any mass commercial emails.

24. Warranty Disclaimer

Student agrees that his/her participation in the Course and use of the Course program is at his/her sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the Course will meet your needs or that the Course will be uninterrupted, error-free, or secure.

25. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Students and remitted by Company. All sales tax will be included on invoices through the Company’s online payment platform.

26. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

26. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Hamilton County, Ohio. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

27. Mediation and Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Hamilton County, Ohio unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

28. Transfer

This Agreement cannot be transferred or assigned to any third party by either the Company or Students without written consent of all Parties.

29. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

30. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

31. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: contact@anastasiagentry.com

32. Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.

Student Signature

Upon completion of purchase, Student confirms that he/she has read, understands, and agrees to the terms and conditions of this Agreement.
 Otice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: contact@anastasiagentry.com

30. Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.

Participant Signature

By filling out your information and reserving your spot in the Mastermind on this order form and upon completion of purchase, Participant confirms that he/she has read, understands, and agrees to the terms and conditions of this Agreement.



Last Updated on: [6/9/21]

This Agreement is between You (“Purchaser”, “You”, “Your”) and Anastasia Gentry, LLC (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at anastasiastemplates.com or etsy.com/shop/anastasiastemplates, or any related domains or subdomains (the “Sites”).

By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

Scope of Product Purchase Agreement

Our “Products” include but are not limited to: [email templates, prompts, website templates], and any other documents for paid purchase on these Sites.

Intellectual Property

All Products are the intellectual property of and are owned by Anastasia Gentry, LLC.

Age of Majority

Understand that by purchasing any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE POLICIES & NO REFUNDS

ALL DIGITAL PRODUCTS ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE LANGUAGE AND INFORMATION IN THE DOCUMENT(S).

License to Use Product(s)

So long as You comply with this Terms of Use, Anastasia Gentry, LLC grants You a ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.

If you violate this license by giving or selling a copy of the Product to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our Product permanently, and/or sue for any and all damages.

Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).

NO WARRANTIES

ANASTASIA GENTRY, LLC’S PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DOCUMENTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ANASTASIA GENTRY, LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

Limitation of Liability

In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Maximum Damages

The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.

No Guarantees

Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser.

Sales Taxes

Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.

Entire Agreement

This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Hamilton County, Ohio. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Hamilton County, Ohio, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability and No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

Transfer

This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.

Terms of Product Purchase and Use

online course agreement
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