TERMS OF USE

SUCCESS STORY

By checking the box next to these Terms of Use, and clicking the “Purchase” button, you, the purchaser of Success Story (“Customer”) agree to purchase this item provided by Childress Business Communication, a Texas LLC (“Company”) and agree to enter into this legally binding agreement, with terms as follows:

 

For good and valuable consideration, Customer agrees to purchase Success Story, a Group Program and Digital Product (“Purchase”) from Company.  In exchange, Company agrees to provide the purchased item, with details as outlined below.

 

PURCHASE DETAILS.

Success Story is a 6-week writing course.  Customer understands and agrees this purchase includes: 

Success Story is a 6-week writing class that helps business owners write their stories by unlocking your creativity. 

• Six 60-minute live, recorded classes on Zoom
• Six 60-minute live "write with me" quiet times on Zoom
• Each class, I present a writing craft tool like story arc, dialogue, setting, character development, etc.
• We explore a story type, like say, a time when you thought you were right and then realized you were wrong (people love those stories), we do a brainstorming activity to jog your memory, and you have time to write a story
• Lifetime access to the weekly handouts and class recordings
• Facebook group where you can share your writing and network with your classmates
• I'll go live in the group to answer questions and provide ongoing support--plus celebrate your WINS

Weekly Topics:

• Finding your stories worth telling: Your Happy Place
• How to not tell it just like it happened: Rewrite History
• How to give perspective and not overplay your hand: Tell it 2 Ways
• Understand your leap so you can lead others through it: Transformational Tale
• Meaning in repetition: What The Story You Always Tell Really Means
• Fill in the gaps: Give Speech to Your Silence

 

Customer has done sufficient research to fully understand what is included in the Purchase and what is not included in the Purchase.  Customer agrees to be bound by Company’s Disclaimer which is posted here: www.cindychildress.com.  

 

PAYMENT.

In consideration for the Purchase provided by Company to Customer, Customer agrees to pay Company a fee of $497 (“Fee”).   Customer agrees to make payment via Stripe.  Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.

 

Customer shall make payment in full prior to gaining any access to the Purchase.

 

COMMUNICATIONS.  

 

1. Group Sessions.

 

Group sessions will be scheduled at a time that is universally acceptable to the members of the group, however Customer understands this timing may not always work for Customer’s schedule.  Customer understands that any inability to attend a group session is in no way the fault of Company and does not affect the Purchase.   When participating in the group, Customer agrees not to be disruptive, hurtful or harassing to any members of the group.

 

1. B. Social Media Group. 

 

Customer will be granted access to a private group on social media as part of the Purchase.   When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying.  Customer understands that Company has a zero tolerance policy and will immediately terminate Customer’s access if this provision is violated.  

 

1. C.  Access to Company.

 

During the Purchase, Company will be accessible to Customer by posting in the Facebook Group for the 6 weeks of the course. Company will respond as soon as possible, usually within 24 hours, and if there is unexpected delay, Company will inform Customer within a reasonable time period with an update on when Customer can expect a full response.

 

CONFIDENTIALITY.

 

By participating in Success Story, Customer may share private and confidential information with Company and other customers in the group program (“the Group”).  Company agrees not to disclose such confidential information to anyone not in the Group.  Customer may authorize Company to disclose such information in writing.  

 

A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency.   In such event, Company will limit disclosure to essential information.

 

Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”).  Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use.  Customer understands that this confidentiality provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law.  Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.  

 

Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

 

NON-DISCLOSURE.

 

1. CONFIDENTIAL MATERIAL.

 

Customer understands that Company possesses certain non-public Confidential Information, which is secret and valuable to Company.  Through the parties’ business relationship, Customer will have access to Company’s non-public Confidential Information.  The Parties acknowledge and agree that Company desires to maintain the confidentiality, secrecy and private nature of such non-public Confidential Information.  

 

For this Non-Disclosure covenant, non-public Confidential Information includes any information which is confidential and commercially valuable to Company.  This may include written works, oral histories, documents, drawings, models, records, data, financial information, ideas, designs, formulas, strategies, processes, procedures, techniques, campaigns, plans, contacts, calendars, analytics, usernames, passwords, trade secrets which are not known or reasonably ascertainable by the public and because of such secrecy contain an economic or commercial advantage, and any other non-public information, which Company deems confidential (“Confidential Material”).  

 

Confidential Material does not include information which was known to Customer prior to this engagement, is received by Customer via a third party free to disclose such information, becomes available to the public through no breach of confidentiality by Customer, or is independently produced by Customer without use of Company’s Confidential Information.

 

2. CUSTOMER’S OBLIGATIONS.

 

Customer understands that the unauthorized disclosure of the Confidential Material and a breach of this Non-Disclosure covenant would irreparably damage Company.  

 

Customer agrees not to disclose the Confidential Material via any means to any third party for a period of 3 (three) years following the termination of this Agreement as set out in Section II of this Agreement.  Notwithstanding Section II, Customer agrees not to disclose any of Company’s trade secrets forever, or for as long as such information remains a trade secret under applicable law.  

 

Customer agrees not to use the Confidential Material for its own benefit or for the benefit of any person or entity other than the Company.  

 

Customer agrees to take all reasonable steps to prevent an unauthorized disclosure of any Confidential Material and to notify Company immediately if it becomes aware of any unauthorized disclosure or unauthorized use of Company’s Confidential Material.  

 

All Confidential Material delivered through this Agreement shall remain the property of Company.  

 

Upon written request by Company, Customer will promptly return or destroy all documents or electronic records containing Company’s Confidential Material.

 

3. EXCLUSIONS.

 

The Customer’s obligations set forth above do not apply if the Confidential Material becomes public in some way, whether or not intentional, or by a request from a court of law, law enforcement agency or other governmental agency, provided the Customer notifies the Company prior to disclosure. 

 

4. OWNERSHIP.

 

Customer acknowledges and agrees that the Confidential Material is the rightful and exclusive intellectual property of Company and shall remain as such.  Nothing in this Agreement shall be construed as granting or conferring any rights to Customer by license or otherwise.

 

5. INJUNCTIVE RELIEF.

 

Customer acknowledges and agrees that a breach of this Non-Disclosure covenant and an unauthorized disclosure of the Confidential Material will cause irreparable and continuing damages to Company for which money damages will not be a sufficient remedy and therefore, Company shall be entitled to injunctive or equitable relief plus money damages if appropriate, without waiving any other rights or remedies in a court of competent jurisdiction.

 

INTELLECTUAL PROPERTY.

 

Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Purchase, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.  

 

By purchasing Success Story, Customer is granted one limited, revocable, non-transferrable license to view, read, download, print and use the materials and content in the Purchase, for Customer’s personal benefit only, as directed by Company.  All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

 

Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.  If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws.  In that event, Company may terminate Customer’s access to the Purchase, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.  

 

TERMINATION.

 

Customer may terminate and discontinue the Purchase at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in these Terms of Use, but no portion of payments already made will be refunded.   

 

If Company is unable to provide purchase details as outlined in Section I above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase.  If no suitable alternative is available, Customer may be entitled to a partial  refund, which may be pro-rated depending on the nature of the Purchase, at Company’s discretion. 

 

REFUND POLICY.

 

Company’s refund policy is as follows:  

 

You may ask for a refund up to 14 days after purchase, only if you have not accessed the course in any way, and your access to the course will be terminated. There will be no refunds after the course has been accessed in any manner, Please understand that with the enrollment and accessing of your online course, you have read and agree to the aforementioned refund policy. 

 

Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.  

 

Customer further understands that if Customer cannot participate in the Purchase, all payments are still due under these Terms of Use.  Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to the Purchase and an additional $50 fee to Customer.  

 

TESTIMONIALS.

 

Company may request Customer to provide a testimonial on the Purchase.  Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

 

If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion.  Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial.  Customer agrees to sign a Testimonial Release if requested by Company.

 

NO GUARANTEES, NO WARRANTIES.

 

Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase. 

 

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.  Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.

 

The Purchase is provided “as is,” and, except for the express warranties in these Terms of Use, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement.  Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase.  The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual. 

 

Group sessions are designed to support you in reaching your goals, but your success depends on many factors, including your own willingness to write and you understand that these factors will impact your results.  You also understand that group services offer guidance, direction and program materials but do not actually implement anything for you.  You are responsible for producing your results.

 

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY 

REFERENCE.

 

Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice.  Childress Business Communication provides writing information and education.  Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such.  Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional.  Company is providing services only in the capacity as a ghostwriter, not as a licensed business professional.  Childress Business Communication does not guarantee that Client will obtain any specific results or earn any money using its recommendations. 

 

Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as medical or mental health advice and nothing in the Purchase is intended to be a substitute for consultation with a licensed healthcare professional or licensed mental health professional. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Purchase is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition.  Customer is encouraged to consult with a licensed healthcare professional or licensed mental health professional to review and advise Customer on Customer’s specific situation.

 

Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at www.cindychildress.com which is incorporated here.

 

ASSUMPTION OF RISK. 

 

Customer is entering into this Purchase voluntarily at Customer’s own free will.  Customer understands that the Purchase may include participation in financial, business or career strategies as well as lifestyle strategies including diet, exercise, movement elements or mindset, which include inherent risks of harm, illness, injury and other negative results.  Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business  professional, medical professional or mental health professional before acting on any content of the Purchase.  If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

 

LIMITED LIABILITY, INDEMNIFICATION.

 

Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Use or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law.  In no event shall Company’s liability exceed the fees paid under these Terms of Use.

 

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Use or Purchase.

 

GOVERNANCE. 

 

These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas, regardless of Customer’s location.  The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Harris County, Texas.

 

DISPUTE RESOLUTION, LITIGATION EXPENSES.

 

Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, Harris County, Texas. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law.  Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

 

Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company.  NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER. 

 

If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

 

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, 

SEVERABILITY, ASSIGNMENT.

 

Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals.  Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Use is not included in the Purchase.  

 

Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

 

Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party.  

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

 

NOTICE.

All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent via the US mail, addressed as follows:

 

2700 Post Oak BLVD 21st Floor

Houston, TX 77056

 

SIGNATURES.

 

Customer and Company agree that electronic signatures are a valid form of signature for these Terms of Use.  

 

Customer has the opportunity to consult with an attorney and to have all questions answered by Company prior to signing these Terms of Use.  By signing below, Customer and Company agree to all of the terms of these Terms of Use.

 

Customer Signature ___________________________________ 

Date  _______________

Full Name:

Email address:  

Phone number:

Mailing address:

 

Company Signature, by Cindy Childress ___________________________________

Date  _______________

Under authority as CEO 

Of Childress Business Communication