By signing up for this payment plan, you agree to make all payments via an automated charge. This is a payment plan, not a subscription. This payment option is offered for your convenience as an alternative to the one-time payment option. You may not cancel these payments unless we cancel them for you as allowed in our Refund Policy above. Any cancellation of payments will result in us revoking your program access with no refund of money already paid.
TERMS OF SERVICE
Last updated: April 9, 2021
Please read these Terms of Service (the “Terms”) carefully before purchasing any course, audiovisual presentations, template, exercises, course bundle, design service, or other material or services (the “Services”) offered by Julie Godshall LLC (the “Company”) on the website, http://juliegodshall.com (the “Site”).
These Terms constitute a legally binding agreement between the Company and the user and/or purchaser of the Services (the “User”) (each a “Party” and collectively the “Parties”). The User’s use and/or purchase of the Services is conditioned on the User’s acceptance of and compliance with these Terms and all applicable laws and regulations and by purchasing or using the Service the User agrees to be bound by these Terms. The Company may revise these Terms at any time without notice and by continuing to use the Service the User agrees to be bound by the then current version of these Terms as available at juliegodshall.com/legal. If you do not agree or consent to these Terms, you are prohibited from accessing or using the Services.
NOW, THEREFORE, the User and the Company hereby agree as follows:
- 1. The Site. The Site and the Services are hosted by Julie Godshall LLC. The Site and the Services are governed by these Terms.
- 2. Intellectual Property. The Services and any associated graphics, text, audio-visual works, templates, lesson plans, curricula, designs, inventions, ideas, improvements, original works of authorship, derivative works, patents, trademarks, copyrightable works, and all other intellectual property rights of any kind, whether registered or not (“Intellectual Property”) are the sole and exclusive property of the Company. Violation of these terms may result in termination of this contract, immediate revocation of access to the Services without refund, and legal damages.
- 2.1 Grant of License. The Company grants User a limited, non-exclusive, non-commercial license to use the Services and Intellectual Property for the User’s sole educational purposes.
- 2.2 Restrictions. The Company shall retain full right and title to the Services and all Intellectual Property. The User may not sell, license, trade, transfer, copy, redistribute, repurpose, or reproduce the Services, any part of the Services, or any associated Intellectual Property. The following is a non-exhaustive list of example violations of this agreement:
- 2.2.1 User may not teach methods learned through Company’s courses to members of one’s direct sales team who are not in the courses;
- 2.2.2 User may not distribute, recreate, or paraphrase handouts, videos, or other Intellectual Property;
- 2.2.3 User may not share templates with others for their use;
- 2.2.4 User may not make adjustments to a template provided by Company and share that derivative work in an editable form with others who have not purchased the Services;
- 2.2.5 Other violations, as determined at the sole discretion of Company.
- 3. Limitation of Company Liability.
- 3.1 In no event shall the Company be liable for any indirect, incidental, or consequential, damages arising from the Services or these Terms, regardless of the type of claim and even if the Company or an authorized representative of the Company has been notified orally or in writing of the possibility of such damage. Company shall not be liable for damages which could not have been avoided or arise as a result of Company’s negligence.
- 3.2 User hereby acknowledges and agrees that under no circumstances will the Company’s total liability arising out of or related to the Services be greater than the amount actually paid for such Services giving rise to the liability.
- 3.3 User hereby acknowledges and agrees that Company is not liable for any damages or default hereunder for any delay or failure to perform to the extent that such delay or failure was attributable to technical failure or complications outside the control of Company.
- 4. Disclaimer of Warranty. Unless required by applicable law Company shall provide the Services on an “as is” basis and all express or implied conditions, representations, and warranties, are disclaimed, except to the extent that these disclaimers are held to be legally invalid.
- 5. Disputes.
- 5.1 Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Wisconsin, excluding any conflicts of law principles, and the federal laws of the United States.
- 5.2 Dispute Resolution. If a dispute arises from or related to the Services, this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the Parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The Parties further agree that any unresolved controversy or claim arising with respect to this Agreement, its making or validity, its interpretation, or its breach shall be settled by arbitration in Dane County, Wisconsin, by a single arbitrator mutually agreed to by the disputing parties pursuant to the American Arbitration Association’s Commercial Arbitration Rules. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.
- 6. Force Majeure. Company shall not be liable for any damages or default hereunder for any delay or failure to perform to the extent that such delay or failure was attributable to acts of God, a health pandemic or epidemic, pathogen outbreak(s), civil or military action, terrorism, acts of a public enemy, war, accident, fire, explosion, earthquake, flood, failure of transportation, strike or other work interruption or any other cause beyond the reasonable control of Company (including, without limitation, acts or omission by Company) (each a “Force Majeure Event”). Neither Party shall be considered in breach of this Agreement to the extent performance of their respective obligations (excluding payment obligations) is prevented by a Force Majeure Event.
- 7. Miscellaneous
- 7.1 Severability. In the event that any term, clause, or provision of these Terms is determined to be wholly or partially invalid, illegal, or unenforceable by a court of competent jurisdiction in the United States, such invalidity, illegality, or unenforceability shall not affect any and all other terms, clauses, or provisions of this Terms or invalidate or render unenforceable such term, clause, or provision in any other jurisdiction.
- 7.2 Entire Agreement. These Terms constitute the entire agreement between the Parties regarding the subject matter herein and supersedes all prior and contemporaneous agreements between the Parties, whether written or oral, with respect to such subject matter. The Company may revise these Terms at any time without notice. By using and/or purchasing the Services, you are agreeing to be bound by the then current version of these Terms.
- 7.3 Headings. The headings of this Agreement are for convenience of reference only and shall not in any way limit or affect the meaning or interpretation of the provisions of this Agreement.