The purchase or use of products and/or services (the “Programs”) offered by Real World Experts, LLC, a Delaware limited liability company (the “Company”) and the use of the www.realworldexperts.com Website (the “Website”) are subject to these terms and conditions (this “Agreement”). By using the Website, you agree to be bound by the terms of this Agreement, regardless of whether or not you have clicked the “I Accept” button below. As a condition of purchasing a Program, you must agree to be bound by the terms of this Agreement and click the “I Accept” button below. If you do not agree to be bound by this Agreement, do not use the Website and do not purchase Programs. If you are a parent or guardian acting on behalf of a minor, your acceptance of this agreement grants permission for such minor to participate in the Programs subject to this Agreement. This Agreement is subject to change by the Company at any time, effective upon posting the modified Agreement on the Website, and your use of the Website or the Programs after such posting shall constitute acceptance by you of any such changes.
a. Electronic Signature. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchase or use of the Programs. This Agreement may be modified by the Company from time to time and any such modifications shall be effective upon posting the modified Agreement on the Website.
b. Electronic Form. When you click the “I Accept” button located below this Agreement, you also consent to have this Agreement provided to you in electronic form.
c. Non-Electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign this Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to info@realworldexperts with your name and address.
2. Reliance on Information Provided. Opinions, advice, statements, offers and all other information or content made available on the Website or through the Programs are for educational and informational purposes and should not necessarily be relied upon. The Company does not guaranty the accuracy, completeness or usefulness of any information on the Website or provided in connection with the Programs, nor does the Company adopt, endorse or accept responsibility for any opinion, advice, statement or other communication made by any employee, coach or affiliate of the Company. The Website and the Programs are provided “as-is”, without warranty of any kind. Under no circumstances shall the Company be responsible for any loss or damage resulting from the reliance by any party on information provided on the Website or in connection with the Programs.
3. No Professional-Client Relationship. No professional-client relationship shall be formed between the Company (including any employee, coach or affiliate of the Company) and any user of the Website or the Programs.
4. No Reliance on the Term “Coach”. The Company’s use of the term “coach” is meant to describe those individuals affiliated with the Company who conduct certain Programs with users, regardless of the form of communication (webinar, in-person, video-conference, etc). The term “coach” does not guarantee any particular level of expertise.
5. Technical Requirements. You will be responsible for meeting and maintaining the minimum technical requirements needed to access any Programs you purchase.
6. Limitation on Liability. Except as otherwise prohibited by law, in no event shall the Company be liable for any direct, indirect, compensatory, consequential, exemplary, incidental, general, special or punitive damages, including lost profits, arising from the use of the Website or the Programs, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to any user for any cause whatsoever, regardless of the form of the claim or action, shall be limited to the amount paid by such user, if any, to the Company for the Programs.
8. Publicity Release. The Company, its licensees, affiliates, successors and assigns are hereby expressly granted the unrestricted, absolute and perpetual right and permission through the universe to publish or otherwise disseminate any photographs, video recordings, images, portraits, pictures and illustrations that are made by or include any user or participant in any Program, including, but not limited to, all recordings of any participants’ voice made in connection with any Program, for purposes of advertising, trade, or publicity of the Company and/or its Programs.
9. Use of Content; Copyright Policy. All of the Company’s content, including but not limited to lectures, recordings, visual and audio aids, written and verbal guidance and any and all content that you receive or to which you will have access in connection with any Programs (collectively, the “Content”) is for your personal use only and may not be shared, resold, auctioned or transferred to another person in any manner. Content is protected by copyright law. You are strictly prohibited from recording, duplicating or reproducing any Content in any manner or medium under any circumstances. Violation of Section 10 of this Agreement may subject you to immediate termination removal from the Program, forfeiture of any funds paid and any refund due for any unused portion of the Program, exclusion from future enrollment in any of the Company’s Programs, civil penalties and criminal prosecution.
10. Company’s Right to Refuse Service. The Company retains the right to refuse service to any visitor of the Website or to any customer for any reason. If the Company is unable to provide service to a customer who has already paid a fee to the Company, the Company will reimburse such customer the amount of the fee paid, less the cost of any services rendered by the Company.
11. Dispute Resolution; Class/Collective Action Waiver. Any controversy or claim arising under or related to this Agreement or to your participation in the Programs, including whether such claims are arbitrable (the “Claims”) shall be exclusively and finally determined by binding arbitration, except with respect to Claims relating to intellectual properties, including, but not limited to, the validity and enforcement of the Company’s patents, copyrights, trademarks, trade secrets and domain names. Arbitration shall be by a single-arbiter in Westchester County, New York, under the rules of the American Arbitration Association. All parties to this agreement agree that, with respect to all Claims, the arbiter shall apply the substantive laws of the State of Delaware, without regard to its conflict of law provisions. The enforceability of this Section 12 shall be governed by the United States Federal Arbitration Act. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration shall not be deemed a waiver of the Company’s right to seek injunctive relief in any court of competent jurisdiction. The arbitrator shall not have the power to consolidate or arbitrate class or collective Claims and each party to this Agreement agrees not to seek consolidation or to assert class or collective Claims or to participate in any class or collective action or proceeding based on any Claim. Each party shall be responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as part of any award.
12. Indemnification. You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, directors, members, agents, employees, successors, assigns, consultants and coaches, harmless from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities, including, without limitation, liabilities for reasonable attorneys’ fees and disbursements, suffered directly or indirectly by you or any related party by reason of, or arising out of the use of the Website or in connection with the Programs.
13. Refunds and Credits; Cancellation Policy.
With respect to Career Prep Boot Camps™, eighty percent (80%) of the fees paid are refundable if the refund request is submitted via e-mail to firstname.lastname@example.org at least seven (7) days prior to the scheduled event. The remaining twenty percent (20%) is a non-refundable deposit. Refunds will not be provided for refund requests sent less than seven (7) days prior to the scheduled event. Schedules and locations are subject to change and the Company will notify you of any such changes.
With respect to Expert Coaching™ sessions, credit to reschedule one (1) future session with the same Coach will be provided if a rescheduling request is submitted via e-mail to email@example.com at least three (3) hours prior to the scheduled session and provided that such rescheduling request is confirmed via e-mail by the Company. If such rescheduling request is not submitted by the customer and confirmed by the Company and the customer does not attend (via Skype or other agreed video-conferencing method) the session with fifteen (15) minutes of the scheduled session start-time, the customer will be considered a no-show and the full one (1) hour session fee will be charged and no refund nor credit will be issued.
With respect to Resume Review and Critique services, fees are nonrefundable.
The Company also reserves the right to cancel any Programs offered and will provide a full refund upon any cancellations.
14. No Third Party Beneficiaries. Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
15. Contact Information. If you have any questions or want to contact the Company, please e-mail us at firstname.lastname@example.org
16. Other. This Agreement, which shall be deemed accepted upon clicking the “I Accept” button located below this Agreement or by using the Website or by purchasing a Program, contains the entire Agreement between you and the Company, regarding the use of the Website and participation in the Programs unless otherwise expressly provided by the Company in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.