Terms and Conditions
CONDITIONS OF USE
Purchasing any products or services via phone from Sherry Y. Smith International or via order form, as well as opting in for use of any of our websites or their subdomains (including:
http://www.sherryysmithprograms.com
http:www.sherryysmith.net
http://www.discoveryourgeniuszone.com
http://www.sherryysmith.com
and any other sites belonging to Sherry Y. Smith International, LLC.) constitutes agreement to our terms of use.
We encourage you to review the following information carefully.
CLIENT AGREEMENT
An AGREEMENT is entered on the date payment is processed between Sherry Y. Smith International, LLC (“Company”) P.O. Box 431917, Los Angeles, CA 90043 and Client whose name appears on any order forms or opt-ins (“Client”), collectively, the “Parties.”
In consideration of the promises and covenants contained herein, and intending to be legally bound hereby, the parties agree as follows:
(1) COMPANY’S SERVICES AND PRODUCTS. Payment received by client shall constitute a legal and binding instrument based on these terms or any individual agreements signed when Company is providing coaching services and/or online training programs and/or agency marketing services.
(2) PAYMENT. Client authorizes Company to charge credit card on file according to the payment schedule as listed on the check out and receipt. If Client has purchased the product/service based on a payment plan, the Client authorizes a deposit for the first payment and the remaining payments shall be authorized to charge Client’s Credit Card(s) every 30 days from the date of the first payment (or unless otherwise specified on the order form, invoice, email, or program details) until all payments have been collected. Company shall be authorized to make all charges on or around the time they are due and not require separate authorization in order to do so.
In any lawsuit for the collection of unpaid amounts under this Agreement venue shall be Los Angeles County, applying California law. The prevailing party shall be awarded attorney’s fees and costs.
(3) PAYMENT TERMS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. Company shall not be obligated to invoice Client for agreed upon payments. Client’s acceptance of this agreement constitutes Client’s agreement for payment for all charges set forth in this Agreement. Upon execution of this agreement, all payments towards the Fee shall be collectable on the schedule.
(4) CHARGEBACKS AND PAYMENT SECURITY.
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client agrees to not open disputes or claims via payment processors, doing so shall result in NO refunds as well Client shall accept responsibility for any fees associated with recouping payment on chargebacks and any collection fees associated therewith, nor make any disparaging remarks regarding company. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
(5) REFUND POLICY. We at Sherry Y. Smith International, LLC want you to be satisfied with your purchase. For online programs, we offer a three (3) day period to access the materials and determine whether or not the program is the right fit.
In the event that you decide your purchase was not the right decision, within three (3) days of enrollment, simply contact our support team at clientcare[at]sherryysmithprograms[dot]com and let us know you’d like a refund by the 3rd day at 11:59 EST by emailing us at clientcare[at]sherryysmithprograms[dot]com. We will NOT provide refunds more than 3 days following the date of purchase. After day 3, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete the program. Please note: If you opted for a payment plan and you do not request a refund within 3 days, you are required by law to complete the remaining payments of your payment plan. All refunds are discretionary as determined by Sherry Y. Smith, International LLC. To further clarify, we will no longer provide refunds after the 3rd day from your date of purchase and all payments must be made on a timely basis. If you have any questions or problems, please let us know by contacting our support team directly. The email is clientcare[at]sherryysmithprograms[dot]com.
Clients of Discover Your Genius Zone Workshop have up to 1 (one) year from date of payment to attend a virtual workshop. If Client has not attended a virtual workshop within 1 (one) year, Client payment is non-refundable and program access is forfeited.
One-on-one coaching: All private and VIP coaching is non-refundable.
(6) NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property (trademarks, etc) for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted Program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. Likewise, Company shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Client Electronically or otherwise without the prior written consent of the Client. All intellectual property, including Clients copyrighted Program and/or course materials, shall remain the sole property of the Client. No license to sell or distribute Client materials is granted or implied.
(7) LIMITATION OF LIABILITY. Client shall use Company’s services and products at Client’s own risk, and Client assumes any and all risks from use of Company’s services and products. The liability of Company, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to Company under this Agreement, and shall not, under any condition, exceed the amount already paid to Client at the time of any such claim, demand, or cause of action whatsoever.
(8) CLIENT UNDERSTANDINGS. Company is not responsible for Client results nor can they guarantee Client results. Client understands that, like any business, the results are based on individual skills and effort. Client takes responsibility to speak up and ask for any support desired during coaching.
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from use of Company’s services and products. Client accepts and agrees that she/he is the essential element of gaining a benefit from Company’s services and products and the Company cannot control Client and/or Client’s use of Company’s services and products. Company makes no binding representations, warranties, guarantees, or assurances of any nature in connection with the outcome of Client’s use of its services and products other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and products as well as the extent of Client’s participation, the results experienced by clients may vary significantly.
(9) PERMISSION TO SHOWCASE IN MARKETING. Client grants Company permission to document and showcase Clients in marketing collateral.
(10) NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during use of Company’s services and products and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and/or any consequences thereof.
(11) CONFIDENTIALITY & COPYRIGHT. Client nor Company shall not disclose any confidential information to any third party. Confidential information shall include all information disclosed in connection with Client’s use of Company’s services and products. Confidential information, however, shall not include information that:
(a) is now or subsequently becomes generally available to the public;
(b) The Company or Client can rightfully have in its possession prior to disclosure by Company;
(c) the Company or Client rightfully obtains from a third party.
All content on Sherry Y Smith International websites are the exclusive property of Sherry Y. Smith International. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
(12) RELATIONSHIP. The relationship hereby established between Company and Client is solely that of independent entities. This Agreement shall not create an agency, partnership, joint venture, franchisor/franchisee or employer/ employee relationship, or fiduciary, and nothing hereunder shall be deemed to authorize either party or any other party to act for, represent or bind the other except as expressly provided in this Agreement.
(13) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the state of California. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. The parties agree that if any material violation of the confidentiality or non-disparagement provisions occurs, the breaching party shall be liable for liquidated damages in the amount of U.S. $100,000 per violation as well as actual and any consequential damages that the non-breaching party may incur.
(14) INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, contractors, affiliates, and successors from and against any and all liabilities and expenses whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – arising out of Client’s use of Company’s services and products.
(15) CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
(16) ENTIRE AGREEMENT. The parties acknowledge and agree that this writing contains the entire Agreement between the parties hereto, that there are no other representations or understandings, either verbal or written, between the parties, and that this Agreement supersedes any and all prior agreements between the parties. The Agreement shall not be modified except by written agreement signed by both Company and Client.
(17) BUSINESS SUCCESS OR FAILURE. Client agrees that Company is not responsible for the success or failure of Client’s business decisions or results relating to its use of Company’s services and products.
(18) MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties hereto pertaining to the subject matter hereof.
(19) BREACH AND DISPUTE RESOLUTION. In the event of a breach of this Agreement by either party, the non-breaching party agrees to provide the breaching party written notice and a thirty (30) day opportunity to cure before terminating this Agreement.
In the unlikely event of a dispute, Client acknowledges and agrees that this Agreement is deemed to have been entered into in the State of California, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the State of California.
(20) MEDIATION AND ARBITRATION. In any dispute regarding this Agreement, the Parties agree that except for collections for nonpayment, the sole remedy for the resolution of the dispute shall be through mediation and arbitration. The parties will first attempt to mediate the matter. In the event they are unable to reach an agreement within 60 days, then either party may file for arbitration with the American Arbitration Association or such recognized Arbitration service as the Parties may mutually agree. For the purposes of this agreement and all matters related to it, the laws of the state of California shall govern and venue for all hearings shall be held in Los Angeles County, California. All legal actions must be brought by a single party and cannot be brought in a class. In mediation and arbitration, the parties shall pay their own attorney’s fees, cost and reasonable expenses.
(21) SURVIVAL CLAUSE. All paragraphs dealing with non-disclosure, non-compete, confidentiality, non-disparagement, indemnification and mediation and arbitration shall survive termination of this Agreement.
(22) CHANGES IN POLICY
Sherry Y. Smith International reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
Please contact us at legal@sherryysmithprograms.com if you have any questions.