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PURCHASE TERMS - GROUP COACHING CONTRACT

Last updated: September 6, 2021

Please read these terms and conditions carefully before using Our Service.

 

PARTIES

This AGREEMENT is between PropelGrowth, LLC (the “COMPANY”) and you (the “CLIENT”), collectively referred to as the “PARTIES”. 

This agreement is intended to govern and control your purchase of 90-Day Prospecting Accelerator (the “GROUP PROGRAM”) from the COMPANY. 

 

ACCEPTING THESE TERMS 

You are entering into a legally binding AGREEMENT with the COMPANY, a Colorado Limited Liability Company, according to the following terms and conditions, when you do any of the following:

  • Click “I Agree”
  • Email your statement of AGREEMENT
  • Enter your credit card information
  • Enroll electronically in the GROUP PROGRAM

With this acceptance, the Parties agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.  

 

COMPANY’S SERVICES

This AGREEMENT is executed and effective, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise). The COMPANY agrees to provide the work related to the GROUP PROGRAM.

  • Weekly group coaching sessions in accordance with the schedule of the membership plan CLIENT purchased.
  • One-on-one coaching sessions in accordance with the membership plan CLIENT purchased.

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT. 

Parties agree that the GROUP PROGRAM is in the nature of coaching and training related to sales prospecting. The scope of work provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’S website, or as part of the GROUP PROGRAM. 

COMPANY reserves the right to substitute work equal to or comparable to the GROUP PROGRAM for the CLIENT if the need arises, with prior reasonable notice.

If COMPANY needs to outsource work related to the GROUP PROGRAM, and or provide substitute individuals for work related to the GROUP PROGRAM, the COMPANY will notify the CLIENT about the change or modification. 

 

CANCELLATIONS

CLIENT agrees to COMPANY’S cancellation policy as follows: 

  • If CLIENT attends the first two sessions and is not happy with your purchase, then notify us within 5 days following the second session, and we’ll refund your money (“CANCELLATION PERIOD”). After that, no refunds are provided. 
  • If CLIENT accesses any included on-demand course and views more than 20% of the modules, then any refund shall reflect a deduction of the full amount of the then current price for the applicable course.
  • If COMPANY provides a refund to any PROGRAM, all access to the sessions, content and the course library will immediately terminate.
  • In the event of cancellation, all other terms in this agreement shall remain in full force.
  • To request a refund, CLIENT must send an email to cedelen <at> propelgrowth.com with the subject line “request for refund.”

 

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS. 

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT. 

COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’S Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

As a GROUP PROGRAM member, CLIENT agrees to also keep any confidential information shared as part of the GROUP PROGRAM in confidence and will not disclose any information learned and or shared as part of the GROUP PROGRAM. 

 The COMPANY’S privacy policy, terms of use, course purchase terms, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrollment in the GROUP PROGRAM.

 

NO TRANSFER OF INTELLECTUAL PROPERTY

In the event that the COMPANY provides access to its copyrighted and original materials to the CLIENT as part of the GROUP PROGRAM, the COMPANY grants the CLIENT INDIVIDUAL USE ONLY permission to any and all of the copyrighted and original materials.  

As part of the GROUP PROGRAM, CLIENT is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.

COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’S personal use.

ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.

 

GROUP PROGRAM RULES

To the extent that CLIENT interacts with COMPANY staff and or other COMPANY Clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. 

CLIENT agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the GROUP PROGRAM, is cause for termination of this AGREEMENT. 

In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE. 

 

DISPARAGEMENT

In the event that a dispute arises between the Parties or a grievance by CLIENT, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

An example of disparagement is posting your disappointment with the COMPANY on social media and tagging the company. If you have a disagreement with the COMPANY, you need to send a private email directly to the contact information. 

 

TERMINATION

If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’S services. 

COMPANY is allowed to immediately collect the full FEE from CLIENT and stop providing further services to CLIENT. 

 

PAYMENT

CLIENT agrees to pay COMPANY for the SERVICE according to the payment schedule (the “FEE”)

  • As outlined on COMPANY’S web site,
  • Via email,
  • According to the payment schedule and or the payment plan selected by CLIENT, or
  • As otherwise noted in this AGREEMENT.

 

REFUNDS

Upon execution of this agreement, CLIENT is responsible for the full fee. If CLIENT decides to cancel, not participate, or has a change of mind, the company will provide a refund according to the Cancellation section above. 

If CLIENT decides to cancel, not participate, or changes his or her mind, after the CANCELLATION PERIOD, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE CLIENT.



CHARGEBACKS & PAYMENT SECURITY

To the extent that CLIENT provides COMPANY with credit card(s) information for payment of FEE on CLIENT’S account, COMPANY is authorized to charge CLIENT’S credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

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 is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.

When credit cards reach their expiration date, CLIENT is responsible for updating the card information to enable payments to continue according to the Payment Schedule.

 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

 

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the parties relating to the subject matter and supersedes all prior and contemporaneous AGREEMENTs, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both Parties. 

 

LIMITATION OF LIABILITY

By purchasing the SERVICE, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from CLIENT’S participation in the SERVICE. 

The GROUP PROGRAM provides group coaching and an on demand course related to sales prospecting. CLIENT accepts any and all risks, foreseeable or unforeseeable arising from this line of work.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the lessor of: 

(a) The total Fees CLIENT paid to COMPANY in the one month prior to the action giving rise to the liability, or 

(b)  Specific monetary amount, or the specific formula that will be used to calculate the amount as follows: one month of participation in the GROUP PROGRAM (the total amount paid for the GROUP PROGRAM divided by three (3). 

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. 

CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the GROUP PROGRAM.  

CLIENT agrees that use of the GROUP PROGRAM is at CLIENT’s own risk.

 

FORCE MAJEURE

In the event, either party is unable to perform its obligations under the terms of this AGREEMENT because of acts of God, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

 

INDEMNIFICATION

COMPANY recognizes and agrees that all of its shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, its shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the GROUP PROGRAM. 

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.  

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, its shareholders, trustees, affiliates, or successors are excluded from indemnification.

 

DISCLAIMER OF GUARANTEE

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS FULLY RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE GROUP PROGRAM.  

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED. 

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the GROUP PROGRAM will meet CLIENT’S requirements or that all CLIENTS will achieve the same results.

 

CHOICE OF LAW

This AGREEMENT is governed and interpreted in accordance with the laws of Colorado without giving effect to any principles of conflicts of law. 

The Parties agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Colorado, City of Fort Collins, according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

 

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this AGREEMENT for any reason.

 

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.