Terms of Use


GET YOUR MESSAGE IN THE MEDIA PROGRAM 


By clicking “Buy Now,” “Purchase,” “Enroll Now”, or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, courses, programs, or services by LIVING WELL ENTERPRISES, LLC (“Service Provider”), and you are entering into a legally binding agreement with the Service Provider, subject to the following terms and

conditions:


1. TERMS

(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the

Service Provider agrees to provide services in accordance with the Get Your Message In The Media Program (“Program”).

(b) The scope of services rendered by the Service Provider pursuant to this

contract shall be solely limited to those contained therein and/or provided for on

Service Provider’s website as part of the Program.


(c) Service Provider reserves the right to substitute services equal to or

comparable to the Program for Client if reasonably required by the prevailing

Circumstances.


(d) Client agrees to be open, present and prepared to participate. Client is

responsible for his/her own success and implementation of objectives met.


(e) The Program includes the following:


i. 12 x 60min Group Coaching Calls

ii. VIP PACKAGE ONLY - 12 x 30min 1:1 Coaching Calls 

  1. Calls must be used weekly or they will be forfeited. 

  2. Call availability each week is restricted to specific days and time blocks. 

iii. VIP PACKAGE ONLY - Access to a private Slack channel during business hours


iv. Access to Program pre-recorded training videos, resources & templates


v. Access to private Facebook Group


vi. Pay In Full Bonuses

1. 1 x 1:1 30 min. Strategy Call 


2. Bonus Module:  How to Write and Distribute A Press Release 


2. METHODOLOGY. Service Provider will employ a range of methodologies. Client agrees to be open-minded and partake in systems and best practices proposed. Client understands that the Service Provider makes no guarantees as to the outcome of Services.


3. USER WARRANTY


As a User you warrant that you are not an agent, employee, or service provider of any other PR, Marketing, or Business Consulting company.  You agree that you will use the Site and Materials solely for the purpose of getting yourself or your business media coverage.  Information learned may not be resold or shared as a service, program, or any kind of offer.  



4. DISCLAIMERS. The Service Provider may provide the Client with information

relating to products that the Service Provider believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Service Provider is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.

The Service Provider may provide Client with third-party recommendations for such services as software, business, finance, or other related services. Client agrees that these are only recommendations and the Service Provider will not be held liable for the services provided by any third-party to the Client. The Service Provider is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.


Any testimonials, earnings, or examples shown through Service Provider’s website, courses, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Service Provider’s courses, programs, and/or services. Client acknowledges the Service Provider has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Service Provider’s website, courses, programs, products or services.

5. CONFIDENTIALITY. This Agreement is considered a mutual non-disclosure

agreement. Both Parties agree not to disclose, reveal or make use of any

information learned by either party during discussions, consulting sessions, or

otherwise. The Service Provider acknowledges that all information provided by

Client will be kept strictly confidential, as permissible by law. Client acknowledges that Service Provider may share confidential information or Services with Service Provider’s contractors or representatives. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by safeguarding the Parties own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.


6. PAYMENT AND REFUND POLICY.


(a) Upon execution of this Agreement, Client agrees to pay to the Service

Provider $2500 USD immediately.


(b) The Service Provider does not accept refunds for the Get Your Message In The Media  VIP package.


(c) The Client authorizes the Service Provider to charge the credit card(s) at the

the time that charges are due and shall not require a separate authorization for

each charge.


(d) The Client shall not make any chargebacks to the Service Provider’s account.


(e) The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees.


7. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the Program, the Service Provider maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Service Provider to the Client, nor grant any right or license other than those stated in this Agreement.  Client may not use or distribute any information, documents, or intellectual property learned or received within this program. 


8. RELEASE. Client agrees that Service Provider has the right to use materials

created pursuant to this Agreement for Service Provider’s portfolio, samples,

self-promotion including advertising for Service Provider’s business including

without limitation Facebook or Instagram, or any other social media platform. In

the event Client wishes to exclude some specific materials from the release

under this paragraph, or to limit the time period of such release, Service Provider and Client may agree in writing to such limitation. Service Provider may take photographs, videos, audio recordings, or other recordings during the Program that Service Provider may use for future commercial or non-commercial

purposes. Client agrees and understands that by participating in the Program,

Client is consenting to being recorded and photographed and to the use of

Client’s likeness, writing, and voice in any media in perpetuity by Service

Provider for whatever purpose as Service Provider sees fit.


9. NON-DISPARAGEMENT. Client agrees, during and after participation in the

Program, to refrain from making any statements, whether oral or in writing, that

negatively impact Service Provider’s Program, business, services, products, or

Reputation.


10. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.


11. DISCLAIMER OF WARRANTIES. The information, education, and Program

provided to the Client by the Service Provider under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade Usage.


12. LIMITATION OF LIABILITY. By using purchasing the Program, Client accepts

any and all risks, foreseeable or unforeseeable, arising from such transaction.

Client agrees that Service Provider 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 of the Program. Client agrees that use of the Program is

at user’s own risk.


13. DISPUTE RESOLUTION.


If a dispute arises under this agreement, we agree to first try to resolve it amicably between each other.  If we cannot come to a resolution we will resolve it with the help of a mutually agreed-upon mediator.  All costs and fees, including attorney and mediation fees, will be the responsibility of the Client. 

    

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 

The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration, is refund of the Program Fee.  Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client. 


14. ASSIGNMENT. This Agreement shall bind both Service Provider and Client and

their respective heirs, legal representatives, successors, and assigns. Client

may not assign its rights under this Agreement as the Program is Non-transferable.


15. GOVERNING LAW AND SEVERABILITY. This Agreement shall be construed in accordance under the laws of the State of Indiana in the United States of America.


Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.


16.ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.